Obligation to pay maintenance to children living abroad.
The most important thing to keep in mind is the fact that alimony is granted regardless of the child’s place of residence. Each parent is obliged to pay for maintenance and to raise a child when he or she is not able to maintain it on their own (up to 18 years of age or 25 when I continue to study). The only exception is when the income from the child’s property is sufficient to support it.
Alimony is a benefit that can not be transferred to another person due to their strictly personal nature. Alimony can be renounced, but only if the parent with whom the child is staying does not determine them. The scope of child support depends on the needs of the entitled person and the financial capacity of the obligor. It should be emphasized, however, that the maintenance obligation towards a child who is unable to secure his or her child and disabled child can rely entirely or only partly on personal efforts to maintain and educate the right-holder. In this case, the alimony of the other obliged parties consists in both covering the costs of living and raising the child.
During the court proceedings, the court first determines what are the child’s needs justified. Then, it sets the earning and financial possibilities of each parent. The so-called justified needs of the child are determined on the basis of the child’s age, place of residence, his environment and the like.
If you want to increase maintenance for a child living abroad, give birth to the child staying with you should apply to the court appropriate for the place of residence obliged to pay the benefit. In the case of increasing the benefit, it is necessary to underline the change in the conditions that result in the need to increase maintenance. It is necessary to attach a detailed calculation of the costs of child maintenance and education. Such costs include costs of clothing, food, education, medicines, entertainment, spiritual education, cultural education and physical education. A good move is to indicate the probable financial situation of a parent who is obliged to pay maintenance. Especially when we know that its financial situation has improved compared to its situation at the time when the previous sentence passed. The court will take into account the needs of the child, but it is also forced to refer them to the actual earning and property opportunities of the obligee and then appropriately balance the amount. However, it should be remembered that the “earning potential of the obligor” must be understood as actually earned income and income. Admittedly, the view has spread that a child has the right to live on the same level as his or hers, but the court can not lead to a lack of the other party by increasing alimony. It should also be borne in mind that the application for increasing the maintenance payment for a child should be submitted in duplicate.