The content of parental rights, among other things, includes the obligation of parents to support their child, and this obligation cannot be waived by the parent, even if they have been completely deprived of parental rights.
A minor child has the right to be supported by their parents. Only if the parents are deceased or do not have sufficient means to support the child, does the minor child have the right to be supported by other blood relatives in the direct ascending line.
An adult child who is regularly attending school has the right to support from their parents proportionate to their abilities, and at the latest until the child reaches 26 years of age, unless this would clearly be unfair to the parents or other blood relatives in the ascending line. The right to support also applies to an adult child who is incapable of working and does not have sufficient means of support, for as long as that condition lasts.
A parent who does not exercise parental rights has a legal obligation to pay alimony to the other parent for the child, that is, a certain monetary amount as their contribution to meeting the child’s needs for food, clothing, footwear, and other usual and everyday needs. The amount of alimony may be determined as a fixed, unchanging amount or as a percentage (between 15% and 50%) of the regular monthly income of the parent who does not exercise parental rights. In any case, the amount of support should ensure at least the same standard of living for the child as that enjoyed by the parent who is the alimony debtor. If both parents exercise joint parental rights, the obligation to pay alimony falls on the parent with whom the child does not live.
In case of divorce by agreement, an integral part of that agreement must be the parents’ agreement on the amount of support and the mode of payment, concluded in the form of a notarized document. If no agreement is reached, the issue of alimony can, and most often is, discussed before the court. Such proceedings are initiated by filing a lawsuit (to establish support, change the amount of support, or terminate support) at the competent court by jurisdiction, and these are considered urgent proceedings. Of course, all issues related to child support can also be resolved as a subsidiary issue in other family disputes (divorce proceedings, maternity and paternity disputes, etc.).
If the obligation to provide support is established by a final and enforceable court decision, and the alimony debtor does not properly fulfill their obligation, enforcement proceedings for compulsory collection of due and unpaid support amounts can be initiated based on the court decision.
Also, failure to provide support constitutes a criminal offense.