Child maintenance

child maintenance

Child maintenance

Child maintenance is set based on income and the child’s needs. A correct challenge or adjustment depends on clear evidence and a full picture of financial circumstances. It is the concrete way the non-resident parent contributes to raising and educating the child. The court sets maintenance, but parents can reach an agreement. The beneficiary is the child, not the caregiver, as all expenses are for the child.

Usually maintenance is set in disputes about the child's domicile and/or custody. If parents cannot agree, the court sets maintenance based on the non-resident parent's income and the child's concrete needs.

A statement by the resident parent that they do not want maintenance has no legal effect, because the beneficiary is the child.

Establishing child maintenance

Setting the amount

The court may set up to:

1/4 of income for one child;
1/3 of income for two children;
1/2 of income for three or more children.

Enforcement can be in kind or in money. Later, maintenance can be increased or decreased by court order, depending on changes in the obligated parent’s income.

Practical aspects

Practical difficulties

A common issue is proving all income of the non-resident parent. Sometimes they try to hide earnings to reduce the set maintenance.

These matters fall within the scope of family law and may require specialized legal representation in court proceedings.

For specialized legal assistance in establishing, modifying, or challenging child maintenance, consult our family law services page.

In situations where child maintenance is established as part of divorce proceedings, we provide comprehensive legal representation.