Alimony is a legally established obligation of a parent to provide financial support for a child. The process of collecting alimony, calculating its amount, and making payments is strictly regulated by the Family Code. This article provides all essential information about the legal nature of alimony, the cases in which it is collected, how the amount is determined, and the payment procedure.
What is the legal nature of alimony?
The payment of alimony is both a legal and moral obligation of a parent toward their child. The purpose of alimony is to cover the child’s education, healthcare, nutrition, clothing, and other essential needs.
Who is entitled to receive alimony?
- Minor children
- Adult children with disabilities
- In certain cases, elderly parents in need of financial support
This shows that alimony may apply not only to children but also to other family members.
In which cases is alimony collected?
Alimony may be paid voluntarily or enforced by a court decision. One of the following conditions must exist for alimony to be collected:
Voluntary payment of alimony
Parents may enter into an agreement on alimony payments. Such an agreement has the same legal force as a court decision.
Court-ordered alimony collection
If alimony is not paid voluntarily, a parent may apply to the court to demand alimony. The court decision is enforced by bailiffs.
How is the amount of alimony determined?
The amount of alimony may be set as a percentage of income or as a fixed monetary amount. This decision is made by taking into account the child’s needs and the parent’s financial situation.
Alimony calculated as a percentage
This is the most commonly applied method:
- For one child – 1/4 of the monthly income
- For two children – 1/3 of the monthly income
- For three or more children – 1/2 of the monthly income
Alimony determined as a fixed amount
If the parent is not officially employed or has irregular income, the court may determine alimony as a fixed amount. This amount is calculated based on the subsistence minimum and the child’s daily needs.
Alimony payment procedure
Alimony payments are usually made on a monthly basis. The method of payment depends on the parent’s employment status, income, and the court decision.
Payment procedure for employed individuals
Alimony is directly deducted from the salary and transferred by the employer to the bailiff’s account.
Payment for individuals without official income
The parent must pay the court-determined fixed amount of alimony monthly from their bank account.
What happens if alimony payments are delayed?
- A penalty (fine) is applied for late payments
- Enforcement proceedings are initiated through bailiffs
- Seizure of property and legal liability may arise
Grounds for increasing or reducing alimony
The amount of alimony may be changed if:
Grounds for increase:
- The child’s needs have increased (medical treatment, additional education expenses, etc.)
- The alimony payer’s income has significantly increased
Grounds for reduction:
- The alimony payer’s income has decreased
- A new family or additional children have been formed
- The payer has health issues or limited working capacity
Such changes may be made only through court proceedings.
Frequently asked questions about alimony
What happens if alimony is not paid?
According to the law, evasion of alimony payments may result in administrative and even criminal liability.
Is alimony paid only for a child?
In certain cases, the law also provides for alimony payments to parents and other relatives.
Can alimony be increased voluntarily?
Yes, a parent has the right to voluntarily increase the amount of alimony to fully cover the child’s expenses.
