Child Support and the Most Common Questions About It

Quick Overview

Child support is a legal obligation of parents to contribute to the reasonable needs of their child according to their means, abilities, and financial circumstances. It can be agreed upon or determined by a court. Child support may be modified at any time if circumstances change, and in the case of children, it can be claimed retroactively for up to three years prior to the commencement of proceedings. Unpaid child support may be collected through enforcement proceedings and, in some cases, through criminal proceedings.

What Is Child Support

The Civil Code does not explicitly define the term “child support” in a single sentence, but it follows from its provisions that it refers to providing for the reasonable needs of the eligible child. This goes beyond just food, housing, and clothing. It also takes into account the costs of education, healthcare, transportation, leisure activities, and, depending on the circumstances, the ability to build savings.

The basic principle is simple: a child should have a standard of living commensurate with that of the parents.

Who Is Obligated to Pay Child Support

Every parent has a duty to support their child until the child is able to support themselves. This applies not only to minor children. For adult children, the obligation may continue if they are not yet self-supporting, typically while pursuing meaningful preparation for a future career or in the case of a serious health impairment.

In practice, child support is most often ordered from the parent who provides less personal care for the child. This is because the other parent fulfills their share of the support obligation to a large extent through personal care. This is a better and more accurate way of phrasing it than the older terminology regarding who has the child “in their care.”

How Much Is Child Support?

There is no single, universal amount. The amount of child support can be determined by agreement between the parents or by a court order. For a minor child, an agreement between the parents is important, but court approval is essential for legal certainty and enforceability. The explanatory memorandum explicitly emphasizes that an agreement between the parents should be the primary means of modifying child support.

When determining child support, the court primarily considers:

• the child’s justified needs,
• the parents’ standard of living,
• the parents’ income and financial circumstances,
• the extent of personal care provided by each parent.

The Ministry of Justice uses recommended tables that can help with an approximate calculation. However, these are not binding rates. They are merely a guide, and the court always decides on a case-by-case basis according to the specific family situation.

What Is Considered by the Court When Determining Child Support Amounts

The court examines both the child’s needs and the parents’ financial capacity. Typically, the following are documented:

• expenses for school, preschool, school supplies, transportation, and extracurricular activities,
• health care costs, medication, and special care,
• housing costs and the child’s daily living expenses,
• the parents’ income, assets, and other child support obligations.

If the court suspects that a parent is deliberately underreporting their income, it does not have to rely solely on what the parent officially documents. It also assesses the parent’s actual means, abilities, and financial circumstances.

When to File a Request for an Increase in Child Support

It makes sense to file a motion to increase child support when circumstances change. Most often, this occurs when:

• the child moves up to a higher grade level,
• transportation, housing, or educational costs increase significantly,
• the child’s health deteriorates,
• the parent’s financial or income situation changes.

For children, child support can also be increased retroactively, covering up to three years prior to the start of court proceedings. This is particularly important in cases where a parent has been paying a clearly insufficient amount for a long time.

How Long Must Child Support Be Paid?

Child support is not tied to the child’s 18th birthday. A parent is required to provide support until the child is able to support themselves. For most children, this is typically during their studies, but this is not always the case. If a child is studying without a clear purpose, repeatedly changes schools, or is already realistically capable of supporting themselves, the parent may request a reduction or termination of child support.

Conversely, for a child with a severe disability, the obligation to provide child support may last a lifetime.

To Whom Is Child Support Paid

For a minor child, child support is generally paid to the parent who has primary custody of the child. For an adult child, child support is paid directly to the child, since once they reach the age of majority, they act on their own behalf in legal proceedings.

What to Do If a Parent Doesn’t Pay Child Support

If the other parent does not pay voluntarily, you need an enforceable court order or a court-approved agreement. This is the basis for enforcement. Afterward, you can proceed with the enforcement of the decision or initiate debt collection proceedings.

In addition to civil enforcement, long-term failure to pay child support may also have criminal consequences. It is important

• have an enforceable judgment,
• calculate the debt,
• and to begin enforcement without undue delay.

Child support is paid only occasionally and incompletely

This is a common problem in practice. Occasional partial payments do not mean that everything is in order. If a parent fails to comply with the terms of a court order or an approved agreement, a child support debt accrues regardless of whether the parent occasionally sends a smaller amount. Even in such a situation, the debt can be collected.

It is necessary to keep an accurate record of payments, arrears, and due dates.

What About Child Support When a Child Spends Time with Both Parents?

The text here needs to be fundamentally revised. Following the amendment, it is no longer appropriate to base the interpretation on the old category of “shared custody” as the primary legal framework. The new legislation is based on the care provided by both parents and, where applicable, on determining the extent of each parent’s care.

In practice, however, the following still applies:

• if both parents provide care for the child to a similar extent and have comparable incomes, the court may conclude that child support does not need to be ordered;
• if there is a significant income disparity between the parents or if care is not, in fact, equally shared, child support may be ordered even if the child spends a significant amount of time with both parents.

Summary

Child support always depends on the child’s needs and the parents’ financial capabilities. There is no single universal rate or “correct” amount. An agreement between the parents is the quickest and least confrontational route, but if one cannot be reached, the court will decide. Child support can be increased or decreased later if circumstances change, and for children, it is possible to claim support retroactively for up to three years. Following the amendment taking effect in 2026, it is also advisable to move away from the old terminology of “shared custody” as the main category and instead explain child support based on the actual extent of care provided by each parent.