Divorce and alimony for children: How high can you get?<

In addition to settling joint property, you must also agree with your ex-spouse on who will take care of the joint children and what alimony the other parent will pay.

In the event of a divorce, the court always decides on the amount of maintenance - either by approving the parents' agreement or by deciding on the amount of alimony itself. He is not bound by the agreement of the parents either, as he is obliged to find out the needs of the child and the property relations, income and standard of living of both parents.

Both parents have a maintenance obligation towards the child. By law, it is necessary to ensure the same standard of living for parents and their children. It also takes into account which parent takes personal care of the child and to what extent. If the child is entrusted to the exclusive care of one of them, the court stipulates the obligation to pay alimony to the other. In alternating care, parents pay alimony to the child.

Is there any minimum alimony?

The Czech Statistical Office conducted a survey in 2003, which showed that the average cost of raising and feeding a child is approximately 10,000 crowns per month. Newer figures that are similarly representative do not have statistics available.

The annual survey of household consumption expenditures then shows the average for each of its members. In 2018, the average monthly expenditure per person in a household with one child was approximately 12 thousand crowns, in a household with two children just under 11 thousand crowns.

In the Czech Republic, there is neither a minimum amount of maintenance (unlike neighboring Slovakia) nor a maximum amount (as in Austria).

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According to data from the Ministry of Justice, in 2018 the average amount of alimony was 2,500 crowns. The statistics of the VašeVýživné.cz server, which is operated by the Association of Single-Parent Families, show an average amount of 2,800 crowns in 2019. In fact, in a particular case, it may be much less so.

"Even the average amount of monthly maintenance is still lower than the real costs. On the other hand, every twentieth single person has to make do with less than a thousand, and we also register the number of parents with a monthly amount in the hundred-crown line, ”says Iveta Novotná, director of the VašeVýživné.cz project.

The association advocates that the minimum maintenance be enshrined. "It should not be lower than the child's subsistence level and at the same time it should not fall below the amount of 1000 crowns," adds Novotná.

On the other hand, the so-called obligatory parent may find himself in financial difficulties - while the parent taking care of the child has a good income. "If a fixed minimum were set here and a parent who has to pay alimony is, for example, in financial distress, his situation would unnecessarily worsen," points out Michala Teplá, lawyer of the Alimenty dětem.cz project. However, he adds that such cases are rather the exception.

Although the bill on advance maintenance from the workshop of the Minister of Labor and Social Affairs, Jana Maláčová, provides for a minimum of maintenance, it does not state how high it should be. It refers to an amendment to the Civil Code being prepared by the Ministry of Justice.

"Unfortunately, this is evidence of not entirely adequate communication between the two ministries in the drafting of laws. The proposal of the Ministry of Labor and Social Affairs refers to Section 916a of the Civil Code, which does not appear at all in the proposed package of amendments to the Ministry of Justice, "says Veronika Ježková, a leading lawyer at proFem, which helps victims of domestic violence.

Rules for determining the amount of maintenance

In 2010, the Ministry of Justice created recommendation tables for the courts on which they can base their decisions. The aim was to at least partially unify the decision-making practice of the courts. The tables can be used to assess the maintenance obligation of a maximum of three children.

However, the table is not binding on the courts. The calculation according to the various maintenance calculators, which are based on these tables, will therefore be only approximate. And even that needs to be taken with a grain of salt.

It is, moreover, not possible to set precise maintenance limits, because in any case the court must assess what the child needs and what the parents' assets and income are. "The maintenance of a matter is always assessed individually, and the law only contains rules that must be respected when determining it," Ježková recalls.

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The obligated parent cannot avoid setting a higher maintenance by, for example, temporarily giving up his or her source of income and registering with the employment office. The court should be based on the potential income that the obligated parent is able to achieve with regard to his / her education, experience and state of health. When a new partner or spouse lives in the same household with him, the court evaluates his income. The crucial thing is that the new partner contributes to the running of the household.

The compulsory parent's arguments that he or she has high expenses and therefore cannot afford to pay the proposed maintenance must be assessed by the court, taking into account all the circumstances of the case. It follows from practice that the court may take into account the costs of transport to work, because they are necessary to achieve income. It can also take into account the costs of health care in case of unfavorable health condition of the parent. However, other expenses do not affect the assessment, not even expenses for housing or loan repayments, including mortgages, because the fulfillment of the maintenance obligation towards the child takes precedence.

"In our experience, every judge decides differently. It happens that in a similar case one judge issues a different decision than a judge from another court, "confirms Novotná from the VašeVýživné.cz project.

It is similar with following the recommended tables. "Sometimes the judge will take into account the recommended tables, other times not. The recommended tables are used, but due to unspecified minimum alimony and failure to address the potential better earnings of the obligated parent, they are in some cases ineffective. Low amounts are granted mainly to obligated parents who hide their income, work illegally, do not work at all or have a really low income, "adds Novotná.

Michala Teplá, a lawyer for the Alimenty dětem.cz project, emphasizes that it is in assessing living standards that courts should proceed carefully and comprehensively. "We often encounter cases where the debtor has 'paper' nothing and is unemployed, but his standard of living does not correspond to that. Logically, the court sets far lower alimony for him than he should pay correctly, "he explains.

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Both parents are obliged to cooperate with the court in determining their earnings and assets. If the partner who is to pay alimony does not provide sufficient evidence of his earnings to the court, the court will calculate the amount of maintenance as if his average monthly income reached twenty-five times the subsistence level - ie (for now) the amount of 85,250 crowns.

Gifts are not deducted and the child has the right to savings

It often happens that the obligated parent refers to the expensive gifts he gives to the child. Their value, as well as pocket money, but can not be deducted from alimony without the agreement of the other parent. The same applies to money spent during a meeting with a child, for example at an amusement park, at a dinner together and at other activities.

The comparable standard of living of the parents and their offspring is a criterion which takes precedence over the justified needs of the child when determining the amount of maintenance. In practice, this means that it does not matter that the child does not have the opportunity to actually consume the alimony and that he or she still has something left. In this case, savings need to be considered for the child.

However, this does not mean that the amount of maintenance for an above-standard earning parent should be determined in direct proportion to his or her income. It is necessary to respect certain boundaries, the Constitutional Court stated. The amount of funds available to the child should be reasonable and should not "spoil" the child.

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Veronika Hejná

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