Increase in maintenance payments

Where to sort this out:
Příbram Town Hall,
Department of Social Affairs and Health
, Division for the Social and Legal Protection of Children
, Tyršova 107, Příbram I

Procedure:
Example:
I am a divorced mother of three children, who have been placed in my care. The maintenance payments, which were set by the court four years ago, are no longer sufficient to meet the children’s needs. My eldest daughter has started secondary school and my youngest has started Year 1 at primary school. The father now pays child maintenance only sporadically. What should I do?

You can discuss this matter with the relevant social worker at the OSPOD.
In this specific case, the mother may exercise her right to file an application for an increase in maintenance with the locally competent district court where the minor’s custody file has been kept to date. Proceedings concerning the care of minor children are exempt from court fees.

In this instance, the court will consider whether any significant changes have occurred since the previous decision on maintenance that would justify an increase in maintenance payments. Such changes may include an increase in the minor children’s needs, particularly as they get older, their starting school, health-related reasons (the need to provide the child with glasses, braces, the child has allergies, etc.) or the child’s financially demanding extracurricular activities.
Changes in the income of both parents – and, in particular, the person liable for maintenance – are also assessed, as is the extent of their maintenance obligations.
It is important to emphasise the child’s right to share in the standard of living of both parents, including the parent with whom the child does not reside by court order.

In the event that the parent on whom a maintenance obligation has been imposed fails to fulfil this voluntarily, the entitled party (the other parent, who has been granted custody of the child) may, pursuant to Section 276 of the Code of Civil Procedure, file an application for the enforcement of the decision by way of deductions from the obligor’s wages. The application is filed with the court having local jurisdiction.

On the other hand, the parent liable for maintenance has the right to apply to the court for a reduction in maintenance at the locally competent district court where the minor’s custody file has been kept to date, in the event that their income falls to such an extent that they are unable to comply with the court’s decision and pay the maintenance awarded by the court. The court will carefully examine the grounds set out in the application for a reduction in maintenance.

An appeal against the decision of the court of first instance (district court) may be lodged with the regional court within 15 days of receiving a written copy of the judgement.

Download the form here:

Responsible for the accuracy of these instructions:
Možíš