Child support (or in popular terms "maintenance"), respectively its amount, are included in the provisions of art. 513 et seq. of the Civil Code. Failure to pay this maintenance pension can be a problem with severe legal implications, which may have consequences including criminal ones.
What is child-support?
Maintenance (alimony) is an amount of money that must be paid periodically (generally, monthly) by the parent who does not live with the child or who has not been granted parental authority over the minor by the court, in order to cover the child's expenses necessary for growth, development, education and professional training.
Until what age must child-support be paid?
According to the The Civil Code, the legal obligation to pay alimony subsists until the child reaches the age of majority (until he or she reaches the age of 18) or in some situations, until the age of 26, when the child is continuing his or her studies and is in a state of need.
What is the amount of child support that the court can establish for the parent, in case of disagreement between the parents?
According to the provisions of art. 529 Civil Code, in the event that the parents cannot reach a consensus on the amount representing the child support, the court may establish the amount of that obligation, as follows:
„(2) When maintenance is owed by the parent, it is established up to a quarter of his net monthly income for one child, a third for 2 children and a half for 3 or more children.
(3) The amount of maintenance owed to children, together with maintenance owed to other persons, according to the law, cannot exceed half of the obligated person's net monthly income.”.
In the situation where the parent in the case has uncertain income (there is no fixed, monthly income), the pension can be established by reference to the minimum income in the economy.
Can the amount of maintenance pension be changed later?
The amount of child support may be modified by the court if, based on supporting evidence, it is demonstrated that the means of living/financial of the paying parent or the needs of the dependent (child) have changed. Practically, in the situation where the parent in question takes on a different job than the previous one, and his/her salary increases exponentially, the court, upon request, may modify (increase, in this situation) the amount of child support for the minor.
Also, following the same reasoning, the court may also determine the termination of alimony in the event that the circumstances related to both the paying parent and those regarding the minor/child up to 26 years of age have changed radically.
How is child-support enforced?
According to the law in force, the child support obligation is enforced in kind, by providing the necessary/expenses for education, professional training or the like, but in most cases in practice, the maintenance pension is enforced in the form of a monthly amount (fixed or established as a percentage, by reference to the parent's net monthly income).
Since when is maintenance due?
As a rule, maintenance will have to be paid starting from the date of filing the lawsuit (from when the application was filed with the court), but there are exceptions according to which this pension can also be granted for a previous period in the situation where it is proven that the filing of the lawsuit was delayed due to the exclusive fault of the debtor (the parent who will have to pay the pension).
What happens if the obligation to pay maintenance is not met?
On the civil side, In the event that the parent obligated to pay the pension refuses to fulfill his obligation, the other parent may resort to the forced execution procedure (the necessary amounts can be garnished from the salary, assets can be seized, etc.). It is important to note that forced execution can only occur in the event that there is a notarial decree or a final court decision.
On the criminal law side, as long as the obligated parent does not fulfill his obligation to pay alimony, in bad faith, for 3 months, he is liable to be held criminally liable for the crime of "family abandonment”.
Bad faith assumes that the debtor (the parent obligated to pay the pension) has sufficient financial resources or has the real possibility to work, but voluntarily chooses to evade and not fulfill his legal obligation.
Conclusion
So, whether you are the parent who must receive these amounts of money for child support, or whether you are objectively unable to pay the established amount or you consider that it was not established correctly in relation to your possibilities, contacting a lawyer it is the critical step you need to take.
The law does not provide leniency for lack of information, and misinterpretation of one's rights and obligations can lead to loss of freedom or property.
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