Child support for an unwed mother: What rights do you have and how to enforce them?

What is maintenance for an unwed mother and who is entitled to it?

Unwed mother’s maintenance is a legal instrument that protects women after the birth of a child if they are not married to the child’s father. According to Article 920 of the Civil Code, the mother is entitled to maintenance from the child’s father for two years after the birth of the child. This entitlement arises regardless of whether the mother and the child’s father live together or are separated. The right to maintenance includes not only regular financial contributions to the mother’s living needs but also compensation for the costs of pregnancy and childbirth.

Entitlement to maintenance is subject to the condition that the father of the child is known and his paternity is proven. If the father denies paternity, this relationship must first be proven, for example by a DNA test and a court decision. Maintenance is intended to cover the mother’s reasonable needs, taking into account her financial circumstances and situation, as well as the father’s financial capacity. This maintenance is not to be confused with child maintenance, which is paid separately.

Importantly, the right to maintenance can only be decided by the court on the basis of an application by the mother. Mothers should therefore exercise their right early, ideally during pregnancy, to ensure their financial stability and the care of their child from birth. The court may order the man whose paternity is likely to be established to provide the amount needed for maintenance and a contribution to the costs of pregnancy and childbirth in advance.

What is the difference between alimony for the mother and alimony for the child?

Maintenance for an unwed mother and maintenance for a child are two separate entitlements that complement each other but have different purposes and legal treatment. While maintenance for the mother is intended to cover her living needs during the two years following the birth of the child, maintenance for the child is intended solely to provide for the child’s needs and the obligation to provide it continues until the child is able to support himself or herself. In practice, this may be up to the age of 18, 26 or, in certain cases, for life.

The mother’s maintenance is intended to ensure that she is able to provide full care for the child in the early years after birth and does not have to worry about lack of financial resources, especially if she is not married to the child’s father. Child maintenance, on the other hand , covers the costs of housing, food, education, health care and other needs related to raising the child.

Both types of child support can be claimed by the mother at the same time, but are considered separately in the court proceedings. It is important that the mother can justify both her own needs and the needs of the child.

Child maintenance takes priority over maintenance for the mother. This means that if the father is unable to meet both demands, the court will first take into account the needs of the child. Therefore, it is crucial to properly prepare motions to the court and thoroughly document all necessary expenses.

What is the amount of maintenance for the mother and what does it all include?

The amount of child support for an unwed mother is determined individually and depends on several factors. The basic criterion is the mother’s reasonable needs, which include the cost of housing, food, medicine, clothing and other expenses necessary to maintain a basic standard of living. In addition, theproperty and financial circumstances of the mother and the father of the child are takeninto account, and the court assesses whether the father is capable of providing maintenance.

Maintenance is intended to ensure that the mother has sufficient financial resources during the period when she is caring for the child and cannot devote herself fully to her profession. Account is also taken of periods of maternity leave and subsequent parental leave which affect the mother’s income.

Maintenance is usually paid in regular monthly instalments, but the parents may agree on a different frequency or a lump sum. In addition to maintenance, the mother can also claim an allowance for exceptional expenses, such as medical care or other specific needs related to her condition.

The court may also order retroactive maintenance on the mother’s application, but not for more than two years after the child’s birth. Mothers should therefore make their claims early to avoid losing their right.

Until recently, some lawyers believed that a claim for maintenance was barred by the general three-year limitation period. However, the ruling of the Constitutional Court III. ÚS 1133/21 shows that the time limit of two years from the birth of the child for claiming maintenance and certain costs from an unwed mother is a time limitation, i.e. a time barred period. In other words, if the claim is not made within that period, it can no longer be awarded.

Tip: Child support raises a number of issues that are often encountered in legal practice. How much child support can you ask for, what to do if the other parent fails to meet his or her child support obligation, and what about child support in alternate custody? We answer all of these questions in this article.

Pregnancy and childbirth costs: what can be claimed?

In addition to maintenance, an unmarried mother has the right to claim an allowance from the child’s father to cover the costs of pregnancy and childbirth. These costs are defined as expenses incurred by the mother over and above the normal costs of living in connection with the pregnancy and the birth of the child.

Examples of pregnancy-related costs include medical expenses, medicines, maternity clothes, regular gynaecological check-ups and hospital stays. It may also include other costs that are not covered by public health insurance. However, this does not include equipment for the baby. In fact, the law is clear that expenses related to baby equipment, such as a pram or baby clothes, are covered by child maintenance, not by the mother’s expenses.

How to get child support and what to do if the father refuses to pay?

Obtaining child support for an unwed mother begins with filing a petition with the court. The mother must prove to the court that she is entitled to child support. She should include evidence of the pregnancy, the birth, and the relationship between the father and the child. In cases where the father denies paternity, paternity must first be proven, for example by a DNA test.

If the father refuses to pay maintenance voluntarily, the mother has the option of enforcing it in court. If the father does not comply with his obligation even after a court order, the maintenance owed can be recovered through a bailiff. He can intervene, for example, by deducting the father’s income or seizing his property.

It is important to act quickly and to file claims within the statutory time limits. If you are not sure how to proceed, it is advisable to seek legal advice or consult a lawyer.

A story from a law practice

Ms. Jana contacted our law firm after the father of her child refused to pay child support and expenses related to her pregnancy and childbirth. Mr. Karel claimed that the pregnancy was unplanned, was solely Ms. Jana’s decision, and was even a ruse set up for him. According to him, Ms Jana had claimed to him that she was taking contraceptives, which, however, she had discontinued without his knowledge. After she had informed him of her pregnancy, she had not accepted his view that he had fundamentally disagreed with the birth of the child. According to Karl, this was entirely Ms Jana’s decision and she should bear the full consequences. Although Mr Karl’s position could be understood to some extent, in the present case the law was primarily concerned with providing for the child’s basic needs. Mrs Jana, who was facing financial difficulties, needed to secure the means to care for her newborn child and to cover the debts she had incurred during her pregnancy.

Our attorneys helped her prepare a detailed motion to the court, where we documented medical reports and communications between the parents that confirmed that the father knew about the pregnancy in time to provide support. The court ultimately ruled in favor of Ms. Jana and ordered the father to pay the support owed and the costs associated with the pregnancy and delivery.

Summary

Unwed mothers are legally entitled to maintenance for themselves and their child and to payment of the costs of pregnancy and childbirth. The mother can assert these claims against the father of the child, even if they are not living together or in a partnership. If the father does not fulfil his obligations voluntarily, the mother may apply to the court for maintenance and costs. It is important to attach evidence to the application, such as medical reports, receipts for expenses related to pregnancy and childbirth or communications with the father. Early legal action can ensure that both mother and child receive the support they need.