Covering the Child’s Needs

Article 143, paragraph 4 of the Family Code (FC) provides that, upon request of a parent or of a person providing substitute care under Article 137 FC, the court may determine a supplement to the court-ordered child support to cover the child’s exceptional needs, up to an amount that the parent can provide without undue hardship.

According to Article 27, item 2 of the Convention on the Rights of the Child, the parents or other persons responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the living conditions necessary for the child’s development.

Pursuant to the mandatory case law of the Supreme Court of Cassation (Decision No. 280 of 28.09.2011, civil case No. 1654/2010, Third Civil Division), the needs of those entitled to maintenance are determined in accordance with their usual living conditions, taking into account their age, education, and other relevant circumstances.

The ability of the persons obliged to provide maintenance is assessed according to their income, property status, and qualifications. Both parents owe maintenance to their minor children in proportion to each parent’s individual capacity, considering the care provided by the parent with whom the child resides. These principles are also set out in Articles 142 and 143, paragraphs 1 and 2 of the Family Code.

This publication does not constitute legal advice or opinion regarding a specific case. For legal assistance concerning child support or visitation matters, please consult a lawyer specializing in family and inheritance law.