How much child support is your child entitled to and how to estimate it?

Quick overview

As a rule, the parent who cares less for the child pays maintenance, but it doesn’t always have to be the father. In the case of custody by both parents, the court may not impose maintenance, or may impose it even if the child spends time with both parents, if there are significant differences in income and assets between the parents. Moreover, the maintenance obligation does not automatically end on the eighteenth birthday. It lasts until the child is able to support himself or herself. The Ministry of Justice table is a guide, not a binding tariff.

Who pays child support and who receives it

Both parents have a child support obligation to the child. In practice, the payer is most often the one who has 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 gender rule. The court is based on how custody is actually divided and what the income and assets of both parents are.

The beneficiary is the child who is unable to support himself or herself. For a minor child, maintenance is usually paid to the caring parent. Once the child reaches the age of majority, it is usually paid directly to the child. There is no fixed age limit in the law in the sense of “up to 18” or “up to 26”. So typically maintenance continues while the child is still studying if the child is not yet able to support himself or herself.

Does the court have to determine child support?

Not necessarily. Parents can agree on their own. However, if they want to make sure that the agreement is well enforceable, it is advisable to put it in writing and have it approved by the court for the minor child, or otherwise modify it in an enforceable form. If the agreement does not come into existence or one of the parents stops paying, a court order comes into play.

This is particularly important in practice. Many parents agree on the amount verbally, everything works out for a few months, and then the other parent starts to be late or send less. Without a well-drafted agreement, the situation is much worse.

It makes sense to use spreadsheets and calculators

Yes, but only as a guide. The Ministry of Justice uses a guidance table that now works with the child’s life stages rather than the old ages. It also takes into account the number of other children the parent is supporting and how much the parent should have left after paying maintenance. However, even this table is no substitute for an individual assessment of a particular family.

In other words, the calculator can tell you that child support is “probably based” on a certain percentage of your net income. But the court will also look at whether the parent is hiding assets, whether the parent gave up a better job without good reason, what the child’s medical or school needs are, and how much of the other parent’s care is being taken care of.

What the court takes into account most

The most important factors are the child’s reasonable needs and the parents’ abilities, opportunities and means. The law specifically says that the child’s standard of living should be substantially the same as the parents’ standard of living. For some children, the court may also take into account savings if the parents’ financial circumstances allow it.

In practice, the court typically observes:

• how much each parent actually earns,
• whether either parent has a higher income potential than they claim,
• what assets the parents have,
• how much time each parent actually spends with the child,
• whether the obligated parent has other children,
• what the child’s normal and special needs are.

If the parent fails to acknowledge and substantiate his or her income, the court may proceed on the legal presumption that the parent’s average monthly income is twenty-five times the individual’s subsistence level. This is very important in practice in cases where a parent tries to conceal or artificially reduce income.

A short example from practice

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

In the first case, the father sees the child only irregularly, contributes little to clubs, clothes and everyday expenses, and the other parent has limited earning potential due to his health condition. In the second case, the father also has the same income, but has the child with him more often, directly pays for sports equipment, participates in clubs and actively cares for the child. On paper, they may both “earn the same”, but the court will not just look at a spreadsheet when determining child support, but at the whole reality of the family. This approach is also consistent with the maintenance documentation, which emphasises that no table can capture all of life’s circumstances.

When maintenance can be increased or changed

Maintenance is not a once and for all given. When circumstances change substantially, the amount of maintenance may change. Typically, this is due to a child starting school, more expensive clubs, health complications, a significant increase in a parent’s income, or conversely, a parent’s illness or loss of a job. Even a court-approved parental agreement is not immutable. If there is a significant change in circumstances, a modification can be sought.

According to the current documentation and case law, the court can also increase child support retroactively, up to three years back, if the conditions are met.

Summary

Maintenance cannot be calculated honestly with one universal formula. The Ministry of Justice’s indicative table is a good start, but the needs of the individual child and the actual capabilities of both parents are always decisive. Child support can be paid by the father and mother, sometimes by both, and does not have to end when the child reaches the age of majority. If the parents agree, this is usually the best route. If not, the court will decide according to the legal criteria, not a single internet calculator.