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Are Parents Obliged to a Child Support?

There is no need to send an invitation to support a minor child. It is due under the law and the obligation arises from the moment it was born. This was stated by the Supreme Court of Cassation in, answering two questions on the development of law. If you are experiencing problems on the subject of  child support, make sure to get a professional help from lawyers.

The first is whether to implement the actual composition of the Family Code (deprivation of parental rights, where without reasonable cause the parent permanently does not care for the child and does not support him / her), it is a necessary condition that the parent, who cares for the child’s upbringing, has previously sought from the parent -responsive maintenance?

And the second – is the court obliged to collect of its own evidence and admit such evidence after the time-limits, at the request of the parties in proceedings for deprivation of parental rights?

The child has the right to be raised and educated in a way that ensures his or her normal physical, mental, moral and social development. This right corresponds to the obligation of the parent to take care of the physical, mental, moral and social development of the child, his education and his personal and property interests. The expression of the above rights and responsibilities is also the obligation of each parent to provide the living conditions necessary for the development of the child, which also includes the maintenance of minors.

According to the Supreme Judges, a parent’s inability to support does not extinguish his obligation at all. As early as 1954, the Supreme Court gave examples of when there is an objective temporary inability of a parent to pay maintenance for a minor child – when he is serving regular military service and receives no income for it or when serving a sentence of imprisonment, but after assessing the remuneration which he receives under the Law on the Execution of Sentences and Detention, and with his other income and property, if any.

The obligation to care for and provide for the maintenance of a minor child by a parent arises from the moment the child is born by virtue of the law and exists whether or not a call for enforcement has been made, or whether compulsory measures have been taken to discharge the due. until the child reaches the age of majority or until another legal reason for termination occurs. Denial of maintenance, where it is durable and in the absence of any other financial or material contribution by the parent to the child’s upbringing, whether or not the maintenance is explicitly requested, is conduct that falls within the actual composition of the law. The legislature has accepted that such behavior constitutes a total failure to comply with parental obligations, which specifically requires measures to be taken to protect the child by deprivation of parental rights.