Automatic Increase of Child Support and the possibility of additional 13th and 14th maintenance

Family Law series

It is worthwhile for parents who apply for child support order to know that according to Article 38 (2) of the Parent-Child Relations Act of 1990 (216/1990) the amount of maintenance is automatically increased by ten per cent (10%) every twenty-four months.  For instance, on 22/08/2016 the Court issued an order according to which the obliged person is ordered to pay every month the sum of €250. After two years and from 22.09.2016 the obliged individual will have to pay the amount of € 275 (250X10% = 25 250 + 25 = 275).

Nevertheless, based on the qualification of Article 38 (2) of N.216 / 1990, the Court may, upon request by the obliged person, to order not to apply the automatic increase and / or to reduce the amount thereof. If the obliged submits such claim the obligation to pay any increase amount is suspended. Moreover, based on the subject of the Article the court's decision upon such application is issued within three months of registration of the application and can be applied retrospectively from the date of which the automatic increase would apply.

Additionally, it will be valuable for parents who request child support order to know that according to Article 37 (3) of the Parents and Children Relations Act of 1990 (216/1990) there is a prospect for extra 13th or 14th child support when the parent against to whom there is a child arrangement order earns such salary or the Court considers it reasonable to issue such order.

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