Once parents choose to officially separate, the best interests of the child will prevail in this situation. Thus, it is necessary to know that after divorce, minor children and others have the right to maintenance from the parent who separated from them, under certain conditions.
What is the child support?
The maintenance obligation that the separated parent has from the child also translates into the obligation to provide child support. This is an amount of money that is granted in periodic installments, at the term established by the parents or that the judge provides through the court decision. Along with the divorce decision, the obligations that the parents have in this regard are also specified.
Why is it offered?
The purpose of this amount of money is to provide support from the non-resident parent, the one who does not live frequently with the child or the child who has become an adult in order to ensure him the necessities of a decent life, as well as financial support in his academic options.
Who can be the beneficiary of the alimony?
The beneficiary of the child support can be the minor child up to the age of 18 if it is proven that he is in need and cannot support himself from the work he performs or from the assets he manages. At the same time, even if he has become an adult, assuming he continues his studies and until they are finished, the parent will be obliged to provide him with alimony until the age of 26.
What is the amount?
Up to ¼ of the parent’s net monthly income if we are talking about one child, 1⁄3 about 2 children and ½ for three or more children. It is also necessary to take into account the maintenance that the parent also provides to other people, so that this, as a whole, cannot exceed half of the obligee’s net monthly income. It can also be set as a fixed amount.
Can it be the same amount?
No, the child support can increase or decrease or even stopped, depending on the circumstances. If the parent’s income increases, a court action must be taken to increase the amount.
When can the child receive the pension?
He can receive the pension from the date of the parent’s summons or from an earlier date.
What happens if the parent does not pay child support?
A prior complaint can be made by the injured person, as failure to fulfill the maintenance obligation constitutes the crime of family abandonment, which can lead to imprisonment from 6 months to 3 years or a fine.
But what if he doesn’t have the means to pay it?
It is important to nuance the situation. If it turns out that he does not have the necessary means to pay the alimony, nor does he have the possibility to acquire it, he will not pay it. But the child support is set at the level of gross monthly income, income obtained based on the conclusion of an employment contract. The work based on not concluding a contract must be submitted for analysis by the judge.
Legal Intern R&R Partners Bucharest
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