When and how to draw up a maintenance agreement

Quick overview

A child support agreement is worthwhile when parents are able to communicate substantively and want to set the rules themselves. It should be in writing, specific, and address not only the monthly amount, but also the due date, method of payment, and contingencies. For a minor child, court approval is important for legal certainty and enforceability, especially in a divorce. For an adult child, the scope for an outright agreement is wider. In practice, the most common problem is that parents may draw up an “agreement” but do not specify the exact amount, the due date or the rules for clubs, school or medical expenses. This is where disputes then arise.

What a maintenance agreement means legally

The maintenance obligation of parents towards their children is enshrined in the Civil Code. It is therefore not a voluntary contribution from one parent to the other, but a legal obligation to provide the child with an adequate standard of living according to the parents’ means, abilities and financial circumstances. Maintenance is intended to cover the child’s normal needs, but also, in a broader sense, his or her education, interests, health needs or reasonable savings.

A maintenance agreement is a practical tool to regulate this obligation without the court determining a specific amount after a contested procedure. It does not mean, however, that the court has no role to play. In the case of minor children, the protection of their interests is reflected in the fact that the court can consider and approve the agreement, particularly in proceedings to modify the child’s circumstances. For divorcing parents, court approval of the agreement is part of the standard procedure.

When is a settlement worthwhile and when is it better to go to court?

An agreement is particularly worthwhile where the parents can separate the partner conflict from the needs of the child. It typically works well shortly after separation when both parents are able to talk openly about income, expenses and ideas about custody. The advantages are speed, less stress and the ability to set the rules in more detail than in a conventional court order.

On the other hand, a court appearance is usually preferable when one parent is hiding income, refusing to sign anything, changing jobs, not following agreements, or when there is so much conflict between the parents that they cannot agree on even basic issues. In these situations, it is usually better to have an enforceable decision as soon as possible.

In practice, we often see an intermediate step: parents agree on the amount of maintenance but are not sure about the wording. This is when it makes sense to have the text checked by a lawyer so that it is clear what is ordinary maintenance and what is extra expenses. A vaguely written agreement is almost as problematic later as no agreement at all.

What the maintenance agreement should contain

A good agreement should be as specific as possible. It is not enough to say that “the father will contribute to the child in accordance with his means”. Such an arrangement is almost unworkable in practice. A reasonable agreement should include identification of the parents and the child, the exact amount of child support, the due date, the method of payment and the designation of an account or other payment mechanism. It should also address whether the amount includes the child’s normal expenses and how extraordinary expenses such as school, braces, glasses, sports camps or more expensive clubs will be covered.

It is also practical to add a mechanism for future changes. This is not because the agreement is ‘temporary’, but because the child’s needs and the parents’ financial circumstances change. The child starts school, transportation costs increase, or one parent becomes ill for a long period of time. When there is at least a ground rule in the agreement about how the parents will deal with the changes, there is much less room for arguments.

It is also useful to distinguish between normal maintenance and one-off or exceptional costs. Some parents think that if they pay monthly child support, they never have to contribute to anything else. Others, on the other hand, expect everything to be included in regular child support. This is where it is helpful to be explicitly clear.

How to proceed with a minor and an adult child

A minor child needs to be considered for special protection. Although parents may agree informally and operate under such an agreement in everyday life, if they want legal certainty and enforceability, it is advisable that the agreement be in a form approved by the court or otherwise enforceable. In parental divorce, court approval of an agreement on the minor child’s circumstances, including maintenance, is a standard part of the proceedings.

For an adult child, the situation is different. Once the child has reached the age of majority and has full legal capacity, he or she acts for himself or herself in legal relations. Maintenance is no longer paid to the other parent, but directly to the adult child. If the parent and the adult child agree, no court intervention is necessary. If no agreement is reached, the adult child must go to court himself. The maintenance obligation does not automatically end on the child’s 18th birthday, but only when the child is able to support himself or herself.

The most common mistakes and one typical example from practice

The most common mistake is too general wording. Parents say to themselves that “somehow it will work”, write down two sentences downloaded from the internet and consider the matter solved. After a few months, one claims that the amount was only for food and clothing, the other that it should have included school lunches, clubs and medicine.

Another common mistake is that parents do not address the due date. However, the difference between the wording ‘maintenance will be paid monthly’ and ‘maintenance of CZK 6 000 will be paid by the 15th of each month in advance into an account…’ is crucial in terms of enforceability.

In a typical case in practice, the parents agreed after the separation that the father would ‘contribute as necessary’. This worked for the first few months, but then he started sending irregular amounts, claiming that he was already paying for clothes and part of the camp. The mother was convinced that these were extra expenses. Because the original agreement was not specific and not approved, the dispute escalated unnecessarily. If the monthly amount, the due date and the allocation of the extra costs had been clearly defined from the beginning, the whole situation could have been avoided.

How to set up the agreement so that it will be usable in a year or two

Alimony is not the same once and for all. As a child grows older, costs usually rise. This is highlighted in family law documents, which work with the fact that the age of the child translates into higher needs and usually higher child support.

It is therefore sensible to think ahead. Not necessarily by having parents agree an automatic annual increase for inflation, although even that may make sense in some families. At a minimum, however, it should be clear that if there is a significant change in circumstances, the parents will reconvene and modify the agreement. If they fail to agree, a court modification of child support may follow.

It’s also good to remember that child support is usually paid monthly in advance, and interest on late payments can be claimed if there is a failure to pay. In addition, in some cases, an increase in maintenance can be sought retrospectively, typically up to three years back from the start of the proceedings, if the conditions are met.

Summary

A child support agreement is often the best way to arrange financial support for a child after the parents separate. But it must be specific, understandable and realistic. For a minor child, it is important to think about court approval or some other form of legal enforceability, especially if the parents are divorcing or want to have certainty in case of future litigation. For an adult child, the scope for a direct agreement is wider. The most common problems arise not because of the amount of child support itself, but because of vague wording and unexplained extraordinary expenses. If the agreement is to work in the future, it should take account of the fact that the needs of the child and the parents’ options change over time.