The maintenance obligation of parents to children lasts until children are able to nurture themselves. The ability to nurture means that it is a permanent condition. If a child performs a brignical activity during a high school study in a daily form, it does not mean that it has ceased to be a dependent child and is able to nurture themselves.
The basic principle of contributing parents to child nutrition is that the child's standard of living should be proportional to the standard of living of the parents. Parents on child nutrition contribute according to their options and property ratios.
Maintenance takes precedence over other parents ' expenses. When examining the parent's property to contribute to nutrition, the court does not take into account expenditure that is not necessary to incur.
Any parent, irrespective of the property ratios, is obliged to fulfil his maintenance obligation at a minimum of 30% of the amount of the subsistence allowance for the dependent child, which is from 1 September July 2018, amounting to EUR 93.61 per month. Determining the extent of the maintenance obligation depends on which of the parents and to what extent the child is personally cared for and if the parents live together, as he cares about the household.
If the parents of a minor child do not live together, the court will adjust the scope of their maintenance obligation or approve their agreement on the amount of maintenance. The same procedure applies even if the parents live together, but one of them does not voluntarily comply with the child's maintenance obligation.
On maintenance for minors, the court can decide without a proposal, but the maintenance of the full children is adjusted by the Court only on the proposal.
In the event that the parent has income from a non-dependent income tax activity, it is obliged to prove to them the court, submit the protected data to assess their property, thereby allowing the court to ascertain the other facts necessary for the decision. Failure to comply with this obligation assumes that the amount of its average monthly income represents twenty times the amount of the minimum subsistence rate for one full-time natural person currently amounting to EUR 205.07 per month. The court does not, however, take into account the expenditure necessary to incur in respect of a non-dependent activity and the possibility of compulsory assessment according to the expected income, which it would have achieved if the expenditure would not be realised.
If the parent's property ratios allow it, savings may be considered as justified by the child's needs. The court may also decide on the obligation to lodge a monetary amount for maintenance that will become due in the future. A parent who has a child in personal care shall set up a separate account and in the decision indicate the manner in which the account shall be provided on a regular monthly basis for the maintenance amounts intended for the benefit of the minor.
In order to assist a legitimate child in cases of non-compliance with the maintenance obligation, the Law no 201/2008 Z. Z. On the replacement maintenance as amended. Substitute maintenance is the amount granted by the state instead of a compulsory person to ensure the nutrition of the authorised child. Replacement maintenance Requests the person who has the obligation to pay maintenance for the child, in accordance with the final decision of the court or by the Court of an approved agreement, the most common parent of the child to whom the child is entrusted to the education or the full-fledged dependent child, or Other natural or legal person providing for the replacement of child custody.
The conditions for eligibility for replacement maintenance are:
- (a) The non-payment of maintenance in full for at least three consecutive months from the maturity of the last maintenance instalment and the payment of maintenance cannot be ensured by the execution of the decision or Enforcement for at least three months, i.e. J. The application shall be accompanied by a confirmation by the competent court or bailiff that the applicant has made a proposal for enforcement at least three months for the payment of maintenance,
- (b) The proper fulfilment of compulsory schooling by an authorised person;
- (c) Permanent residence and domicile of a beneficiary in the territory of the Slovak Republic.
The application for replacement maintenance shall be submitted to the Office of Labour, Social Affairs and family according to the place of residence of the person entitled.
Replacement maintenance shall be granted only if the average monthly income of the applicant and of the natural persons whose income is judged jointly under Act No. 601/2003 Z. Z. On the life-cycle as amended, the last 6 months is not higher than 2.2 times the amount of the applicant's subsistence or The minimum subsistence amounts of natural persons whose income is assessed jointly.
The replacement maintenance is granted to the applicant at the rate determined by the court's final decision or at the height of the court of the agreed agreement, but not more than 1.2 times the amount of the subsistence allowance for the dependent child, T. J. of EUR 112.33. If the obliged person does not comply with the maintenance obligation in part, the replacement maintenance shall be granted in the amount of maintenance unpaid.
The duration of the claim for replacement maintenance shall be reviewed by the office every six calendar months. Replacement maintenance is not payable abroad.