What child support is your child entitled to, and how can you estimate the amount?

Quick Overview

Child support is generally paid by the parent who has less custody of the child, but it is not necessarily always the father. When both parents share custody, the court may choose not to order child support, or conversely, may order it even if the child spends time with both parents, provided there are significant differences in the parents’ income and assets. Furthermore, the obligation to pay child support does not automatically end on the child’s 18th birthday. It continues until the child is able to support themselves. The Ministry of Justice’s table is only a guideline, not a binding schedule of rates.

Who Pays Child Support and Who Receives It

Both parents have a child support obligation toward the child. In practice, the payer is most often the parent who has had custody of the child for a shorter period of time or with whom the child does not permanently reside. However, this is not an automatic rule based on gender. The court bases its decision on how custody is actually divided and on the income and financial circumstances of both parents.

The recipient is the child, who is unable to support themselves. For a minor child, child support is usually paid to the custodial parent. Once the child reaches the age of majority, payments are generally made directly to the child. There is no fixed age limit in the law, such as “up to age 18” or “up to age 26.” Typically, therefore, child support continues even during the child’s studies if the child is not yet able to support themselves.

Does a court have to determine child support?

Not necessarily. Parents can reach an agreement on their own. However, if they want to ensure that the agreement is enforceable, it is advisable to put it in writing and, in the case of a minor child, have it approved by a court or otherwise formalize it in an enforceable manner. If no agreement is reached or one parent stops paying, a court order takes effect.

This is especially important in practice. Many parents agree on an amount verbally; everything works out for a few months, and then the other parent starts falling behind on payments or sends less. Without a well-drafted agreement, the situation is much harder to resolve.

Is it useful to use tables and calculators?

Yes, but only as a guide. The Ministry of Justice uses a recommended table that now focuses more on the child’s life stages rather than the old age categories. It also takes into account the number of other children the parent supports, as well as how much the parent should have left after paying child support. However, even this table cannot replace an individual assessment of a specific family.

In other words: a calculator can tell you that child support “probably amounts to” a certain percentage of net income. The court, however, will also consider whether the parent is concealing assets, whether they gave up a better job without a valid reason, what the child’s health or educational needs are, and how much of the care is provided by the other parent.

What the Court Considers Most Important

The most important factors are the child’s justified needs and the parents’ abilities, opportunities, and financial circumstances. The law explicitly states that the child’s standard of living should, in principle, be consistent with that of the parents. For some children, the court may also consider the accumulation of savings, provided the parent’s financial circumstances allow for it.

In practice, the court typically considers:

• how much each parent actually earns,
• whether either parent has a higher earning potential than they claim,
• what assets the parents have,
• how much time each parent actually spends with the child,
• whether the parent subject to the order has other children,
• what the child’s regular and extraordinary needs are.

If a parent fails to disclose and document their income, the court may rely on the legal presumption that their average monthly income is twenty-five times the individual subsistence minimum. In practice, this is very important in cases where a parent attempts to conceal or artificially reduce their income.

A Brief Real-Life Example

Two fathers may have the same net income, but child support payments can turn out very differently.

In the first case, the father sees the child only occasionally, contributes almost nothing toward extracurricular activities, clothing, and everyday expenses, and the other parent has limited earning potential due to health issues. In the second case, the father also has the same income, but he has the child more often, pays directly for sports equipment, contributes to extracurricular activities, and actively cares for the child. On paper, both may “earn the same,” but when determining child support, the court will not rely solely on a table; rather, it will consider the family’s entire reality. This approach is also consistent with the guidelines for child support, which emphasize that no table can account for all life circumstances.

When Can Child Support Be Increased or Modified

Child support is not set in stone. As soon as circumstances change significantly, the amount of child support may also change. Typical examples include a child starting school, more expensive extracurricular activities, health complications, a significant increase in a parent’s income, or, conversely, a parent’s illness or job loss. Even a court-approved agreement between the parents is not set in stone. If there is a fundamental change in circumstances, a request for an adjustment may be made.

According to current legal precedents and case law, the court may, if certain conditions are met, increase child support retroactively—up to three years back.

Summary

Child support cannot be accurately calculated using a single universal formula. The Ministry of Justice’s guideline table is a good starting point, but the decisive factors are always the specific needs of the child and the actual financial capacity of both parents. Child support may be paid by the father or the mother—sometimes both—and does not necessarily end when the child reaches the age of majority. If the parents can reach an agreement, that is usually the best course of action. If not, the court will decide based on legal criteria, not on a single online calculator.