Maintenance order questions

BY / IN Areas of activity, Guardianship and Curatorship matters, Legal Services For Natural Persons

2016-07-26

If the parents (or one of the parents) fail in the duty to maintain their underage children, the court may issue a maintenance order in an action brought by one of the parents or the child’s guardian (curator) or the state institution for the protection of the child’s rights. A maintenance order may also be issued if on divorce or on separation the parents did not agree on the maintenance of their underage children in the procedure provided. The court shall issue a maintenance order until the child attains majority except in cases where the child lacks capacity for work due to a disability determined before the age of majority.

The enforcement of the maintenance order shall be terminated when the child:

 

  1. is emancipated;
  2. attains majority;
  3. is adopted;
  4. dies.

If the person obliged to pay maintenance dies, the duty of maintenance shall pass to his or her successors within the limits of the inherited property. The parents’ duty to maintain their underage children shall be retained after the separation of the children from their parents or the limitation of parental authority except in cases where the child is adopted.

The court may issue a maintenance order obligating the parents (one of the parents) who fail in their duty to maintain their children to provide maintenance to their children in the following ways:

 

  1. periodical monthly payments:
  2. a certain lump sum;
  3. award of certain property.
Summary
Review Date
Reviewed Item
Maintenance order questions
Author Rating
51star Maintenance order questions1star Maintenance order questions1star Maintenance order questions1star Maintenance order questions1star Maintenance order questions