Is it possible to receive higher alimony than the national minimum? Skairdo advocate / Article

All parents have an obligation to take care of and maintain their children, this is also determined by the Civil Code, however, when parents decide to divorce, it is often precisely the question of how much maintenance will be paid by the parent who does not live with the child or children that causes the most disputes.

“Parents often say: yes, but he has such a high salary, I would like to receive more from him. Then I usually say, and the law also says so, of course, because I am guided by the law, that first of all, you should understand how much the child has these maintenance funds are needed. After that, we can talk about the amount of money and the distribution between the parents,” said Shime.

Also, another aspect that the law requires to be observed is proportionality – parents pay child support in proportion to their income.

The state has determined the minimum amount of alimony. Until the age of seven, they amount to 25% of the minimum salary – 175 euros. Over the age of seven, they are 30% – currently 210 euros.

If a claim is brought to court for the amount of maintenance that exceeds this minimum amount, the financial situation of each parent is evaluated, Shime explained.

The amount of alimony is determined by the basic needs of each child, but they can be very different, Shime admitted. There are children who need to follow a special diet, which can be more expensive, or, for example, have vision or other health problems that require regular expenses.

“It all comes together in such a package. We look at how much a particular child needs for his favorable development in a month of maintenance,” Shime pointed out.

Expenses that must be covered by alimony also include, for example, interest education. This often causes the biggest disputes, Shime assessed, if the parent who has to finance the child’s activities says – no, he doesn’t need it.

“It is such a question to be considered, but we always have to look from the interests of the child – is it in the interests of the child,” emphasized Shime.

If the parents fail to agree on the payment of alimony, then the state takes care of the child at least until he reaches the age of majority, stated Edgars Līcītis, director of the Administration of the Alimony Guarantee Fund.

“The next step for the elder depends on what kind of document he has. If there is a court verdict, then first of all you have to go to the bailiff. If there is no verdict or there is no notarial agreement, then you can apply immediately [Uzturlīdzekļu garantijas] in the fund’s administration, and then this issue will be decided according to the administrative procedure. Then the state pays 129 euros from seven years and up to seven years 107.5 euros,” explained Līcītis.

He pointed out that it is possible to go through this process within three months and the parent can start receiving money from the state in their account, but the amount is significantly less than it would be if the other parent covered the child support.

“Yes, because the amount paid by the state is not tied to the minimum wage, it is actually adjusted to the possibilities of the state budget. It is less, and further, if the parent does not have a court judgment, but the parent understands that the other parent has an income and is working, then in fact, to receive more, to collect more, it is possible to go to court and file a lawsuit. The court will then decide according to the income status of the parent,” explained Līcītis.

These most difficult situations are already the work of bailiffs. Sworn bailiff Katrīna Baltalksne admitted that maintenance cases are the most common in her practice. What should a parent expect if the case goes to the bailiff?

“The defendant must, of course, expect certain inconveniences. Accounts in credit institutions will be seized, all kinds of income will be collected – not only from wages, but also from royalties and all other income. Owned movable property may be encumbered or even sold,” stated Baltaksne.

Līcītis admitted that the group of non-payers of maintenance in Latvia is significant, but has remained constant over the past three years – around 40 thousand. Despite not paying maintenance, these parents can also request access and time together with the child.

“There’s a distinction to be made between these two things. The child has a right to see that parent even though he’s not paying. We can’t in some sense punish the child by denying him access to that parent who’s not paying child support. They’re not related issues. One is child support , the other is the formation of a relationship between a parent and a child. We cannot and must not actually deny the child contact with the other parent for this reason,” Shime explained.