OBLIGATION TO SUPPORT – A CHILD’S RIGHT. METHODS OF DETERMINATION AND EXECUTION OF THE OBLIGATION
The child maintenance is an obligation that belongs to both parents. It is irrelevant if the parents are living together, are separated, divorced, if the child is from or out of marriage or is an adopted one.
This obligation consists in providing food, housing, clothing, medicines; spiritual needs, providing the necessary means for bringingup, education, teaching and professional training.
The maintenance obligation can be established during the divorce or in a separate action.
For the parents who are living abroad in the European Union member states, the applicable law regarding the maintenance obligation is determined in accordance with the European Union regulations.
The obligation is established according to the income of the debtor parent and the needs of the child creditor. It is due until the child reaches the age of 18 or if he continues the studies until the completion but no longer than the age of 26.
Mainly, the obligation of maintenance is executed in nature, providing those necessary for living and, as the case, the means for education, teaching and professional training.
Only if the debtor doesn’t accomplish his obligation voluntarily, in nature, the court dispose the execution by paying a maintenance allowance, settled in money, in the form of a fixed amount or a percentage of the net monthly income.
If the obligation is established in a percentage, the title has to be sufficiently determined because the notion of “any kind of salary income” can be interpreted in several ways.
That is why the title must show whether gross or net salary is taken into account, if additional payments, such as holiday or Christmas bonuses or payments granted for overtime, and/or some material benefits are also taken into account.