The basis for determining the amount of maintenance is justified by the needs of the eligible (one who is entitled to maintenance) and the ability, capacity and property ratios of the compulsory (the one who has the maintenance obligation).
The legitimate needs of the eligible belongs to the tangible provision of his nutrition, but also the needs necessary for the life of a cultural person, e.g. Housing, treatment, educational aids, cultural and sporting goods, etc. The assessment of the merits of the needs is specific according to the nature of each case.
They are considered not only real or The reported revenue is compulsory, but also a condition which could be the case if it is obliged to waive, without an important reason, a more favourable employment, earnings or property benefit. It does not decide the actual earnings of the compulsory if it is demonstrated by its eligibility for more favourable employment. On the other hand, it is not possible to force it to enter into another, although better paid work, but for example in a place distant from his residence, etc.
If this is contrary to the good manners, maintenance does not come. This does not apply in the case of maintenance for a minor child.
The extent of the maintenance obligation depends on the facts that apply at the time of decision-making, including the assessment of the capabilities, possibilities and property of the compulsory person. A court decision can only be awarded for maintenance from the date of commencement of the trial. Maintenance for minors may also be awarded for the past period, for a maximum of three years from the date of commencement of the maintenance procedure, for reasons of special sight. The same may be exercised in a judgment which has changed the scope of the maintenance.
In the case of a change in the ratios on the side of the eligible and compulsory, it is possible to amend the final decision of the court or the maintenance agreement. There may be an increase, reduction but also cancellation of the maintenance scope. The change in ratios takes into account the development of the cost of living. In the period of cancellation or reduction of maintenance for the past time, the maintenance consumed for minors shall not be refunded.
Maintenance is paid in regular recurring amounts, which are always monthly in advance.
The right to maintenance is not barred, the rights to the individual recurring maintenance claims are barred.
The offsetting of mutual claims for maintenance is only possible by agreement, but this does not apply to maintenance granted to minors.