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MAINTENANCE DUTY


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© Martin Kornel, 2009


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OVERVIEW
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nMaintenance Duty of Parents to their Children
nMaintenance Duty of Children to their Parents
nMaintenance Duty between other Relatives
nMaintenance Duty between Spouses
nMaintenance Duty between Divorced Spouses
nContribution to Maintenance and Coverage of Several Cost of an Unmarried Mother
nMaintenance Duty between Registered Partners
nMaintenance Duty after Dissolution of Registered Partnership
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MAINTENANCE DUTY IN GENERAL
n    maintenance duty, alimony, (child) support
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n Means ongoing obligation for a periodic pecuniary or non pecuniary payment made directly or
indirectly by an ("obligor") to an ("obligee")
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n PURPOSE
n - Providing all reasoned needs of obligee.
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MAINTENANCE DUTY IN GENERAL
n AMOUNT
n - depends on potentiality of obligor and needs of obligee
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n - levels:
n 1) same material and cultural level;
n 2) fair maintenance;
n 3) adequate maintenance;
n 4) necessary maintenance
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MAINTENANCE – BASIC RULES FOR REGULATION
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nDerived from status
nSolidarity
nCannot be awarded contra bonos mores
nIus cogens
nNon transferable
nClausula rebus sic stantibus
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Maintenance Duty of Parents towards their Children
nSec. 85-86 of the Act on Family
n“child is entitled to take part in his or her parents’ life standard”
nParental Agreement X Court Decision
nMaintenance may be adjudicated for the period beginning three years before the day of institution
of judicial proceedings [sec. 98 Act on Family]
nProceeding may be started by court ex officio in case of minor children
nMaintenance can be used to make savings [sec. 85a/2 Act on Family]
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Maintenance Duty of Parents to their Children
nMaintenance is paid monthly or
n in a cash sum for the future [sec. 97 Act on the Family]
nMaintenance is paid to custodial parent till majority of the child,
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Maintenance Duty of Children to their Parents
nSec. 87 of the Act on Family
n“children who are able to earn living on their own must provide to their parents a fair
maintenance if the parents are in need of thereof”
nAgreement X Court Decision
nMaintenance may be adjudicated from the the day of institution of judicial proceedings [sec. 98
Act on Family]
nProceeding may be started only upon a petition
nMaintenance is paid monthly
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Maintenance Duty between other Relatives
nSec. 88-89 of the Act on Family
n“ancestors and descendants have a mutual maintenance duty”
n“the entitled persons have the right only if they necessarily need it
nAgreement X Court Decision
nMaintenance may be adjudicated from the the day of institution of judicial proceedings [sec. 98
Act on Family]
nProceeding may be started only upon a petition
nMaintenance is paid monthly
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Maintenance Duty between Spouses
nSec. 91 of the Act on Family
n“the extent of maintenance duty shall be determined so that material and cultural level of both
spouses is principally the same”
nAgreement X Court Decision
nMaintenance maybe adjudicated from the day of institution of judicial proceedings [sec. 98 Act on
Family]
nProceeding may be started only upon a petition
nMaintenance is paid monthly
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Maintenance Duty between Divorces Spouses
nSec. 92-94 of the Act on Family
n[A] “a divorced spouse who is not able to earn living may ask the former spouse to maintain him
adequately”
nExtinct after new marriage of obligee or death of obligor
n[B] “a divorced spouse who did not predominantly take part in breakdown of the marriage and who
suffered a considerable harm due the divorce may be awarded maintenance in the extent of
maintenance duty between spouses
nExtinct under same conditions as [A] and also after passing three years after divorce
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Maintenance Duty between Divorces Spouses
nAgreement X Court Decision
nMaintenance maybe adjudicated from the the day of institution of judicial proceedings [sec. 98 Act
on Family]
nProceeding may be started only upon a petition
nMaintenance is paid monthly or
in a lump sum [sec. 94/2 Act on Family]
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Contribution to Maintenance and Coverage of Several Cost of an Unmarried Mother
nSec. 95 of Act on the Family
n“father of the child … must provide the mother an adequate contribution to coverage of living for
two years … as to coverage of cost connected with pregnancy and birth”
n“the court may … impose the person whose fatherhood is probable to grant the necessary sum in
advance”
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Contribution to Maintenance and Coverage of Several Cost of an Unmarried Mother
nAgreement X Court Decision
nMaintenance maybe adjudicated from the the day of institution of judicial proceedings [sec. 98 Act
on Family]
nProceeding may be started only upon a petition
nMaintenance is paid monthly or
in advance [sec. 95/2 Act on Family]
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THANK YOU
 Martin Kornel, mkornel@seznam.cz