What child maintenance is
Both parents must support their minor child, whether they are married, divorced or were never married. When the child lives with one parent, the other usually contributes by paying a monthly amount known as child maintenance.
The obligation continues after the age of majority if the young person continues their studies, but no later than the age of 26, under the conditions set by the Civil Code.
How much: the limits in the Civil Code
The court sets the amount taking into account the child's needs and the means of the paying parent. When owed by a parent, the Civil Code provides that maintenance is set up to a fraction of the monthly net income:
- up to one quarter (1/4) of monthly net income for one child;
- up to one third (1/3) for two children;
- up to one half (1/2) for three or more children.
Which income is taken into account
Net income is considered: salary, but also other regular income such as self-employment income, rent or dividends. The court may also take into account the parent's assets and real earning capacity, not just the declared salary.
If the parent has no proven income, the court usually relates maintenance to the national minimum wage or other evidence of their ability to work. Being unemployed does not remove the obligation.
Fixed amount or percentage of income
Maintenance can be set as a fixed amount or as a percentage of net income. A fixed amount is automatically indexed every quarter in line with inflation, under the Civil Code.
Parents can also agree on the amount, for example in a divorce before a notary or through an agreement recorded by the court, provided it respects the best interests of the child.
When it can be increased, reduced or ended
If the parent's income or the child's needs change, either parent can ask the court to increase, reduce or, in certain cases, end the maintenance. For example, the birth of another child of the paying parent, a significant drop in income or new medical or school expenses may justify a change.
What to do if the other parent does not pay
The court decision setting maintenance can be enforced by a bailiff, including through garnishment of wages. Under the Criminal Code, deliberately failing to pay maintenance for 3 months is the offence of family abandonment.
Maintenance is usually awarded from the date of the court application, not retroactively for earlier periods. That is why you should not delay.
In short
- Maintenance is based on net income: up to 1/4 for one child, 1/3 for two, 1/2 for three or more.
- It can be a fixed amount (indexed quarterly) or a percentage.
- It can be changed if income or the child's needs change.
- Non-payment can lead to enforcement and even criminal liability.
- It is awarded from the date of the application, so act in time.
If you need to set, change or recover child maintenance in Romania, Bocse Marian-Mihaita Law Office can represent you in court and in enforcement proceedings across the country, with communication in English.
This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.
