Child maintenance
Child maintenance is the practical way in which the parent who does not live with the child contributes to the costs of raising and educating them. It is set by the court, but parents can also reach an agreement. The beneficiary of maintenance is the child, not the parent caring for them, because all the expenses are incurred for the child's benefit.
Maintenance is usually decided in proceedings about where the child will live and how parental authority is exercised. If the parents cannot agree, the court sets it according to the income of the parent who does not live with the child and the child's actual needs.
A statement by the parent the child lives with that they do not want maintenance has no legal effect, because the beneficiary of maintenance is the child.
How child maintenance is set
Setting the amount
Where maintenance is owed by one parent, the court may set it at no more than (Article 529 of the Romanian Civil Code):
- one quarter of net monthly income, for one child;
- one third of net monthly income, for two children;
- one half of net monthly income, for three or more children.
Maintenance may be provided in kind or in money, as a fixed sum or as a percentage of income. It can later be increased or reduced by court order if the paying parent's income or the child's needs change.
Practical issues
Practical difficulties
A common problem is proving all the income of the parent who does not live with the child. Sometimes that parent tries to hide their earnings in order to reduce the maintenance set.
These issues fall within family law and may require specialist legal representation. To have child maintenance set, changed or challenged, see the family law services page. Where maintenance is decided as part of divorce proceedings, we can provide full legal representation.
See my family law servicesFrequently asked questions
Any other questions?Is maintenance calculated on gross or net income?
On the paying parent's net monthly income. The limits of one quarter, one third and one half are maximums: the actual amount also depends on the child's needs and the parent's means.
Can I ask for maintenance to be increased?
Yes. If the paying parent's income or the child's needs change, the court can increase, reduce or end child maintenance (Article 531 of the Civil Code).
What can I do if the other parent does not pay?
The judgment setting maintenance can be enforced. For child maintenance, up to half of the parent's net monthly salary can be attached.
Until what age is maintenance paid?
Until the child turns 18. If the young person continues their studies, the parents owe maintenance until they finish, but not beyond the age of 26 (Article 499 of the Civil Code).
