MAINTENANCE DUTY
Martin Kornel

© Martin Kornel, 2009

OVERVIEW



n  Maintenance Duty of Parents to their Children

n  Maintenance Duty of Children to their Parents

n  Maintenance Duty between other Relatives

n  Maintenance Duty between Spouses

n  Maintenance Duty between Divorced Spouses

n  Contribution to Maintenance and Coverage of Several Cost of an Unmarried Mother

n  Maintenance Duty between Registered Partners

n  Maintenance Duty after Dissolution of Registered Partnership











MAINTENANCE DUTY IN GENERAL

    maintenance duty, alimony, (child) support



    means ongoing obligation for a periodic pecuniary or non pecuniary payment made directly or
indirectly by an ("obligor") to an ("obligee")



    PURPOSE

    - providing all reasoned needs of obligee



MAINTENANCE DUTY IN GENERAL

    AMOUNT

    - depends on potencionality of obligor and needs of obligee

    - same material and cultural level; fair maintenance; adequate maintenance; necessary
maintenance



MAINTENANCE – BASIC RULES FOR REGULATION



n Derived from status

n Solidarity

n Cannot be awarded contra bonos mores

n Ius cogens

n Non transferable

n Clausula rebus sic stantibus









Maintenance Duty of Parents to their Children

n  Sec. 85-86 of the Act on Family

n  “child is entitled to take part in his or her parents’ life standard”

n  Parental Agreement X Court Decision

n  Maintenance may be adjudicated for the period beginning three years before the day of
institution of judicial proceedings [sec. 98 Act on Family]

n  Proceeding may be started by court ex officio in case of minor children

n  Maintenance can be used to make savings [sec. 85a/2 Act on Family]





Maintenance Duty of Parents to their Children

n  Maintenance is paid monthly or

    in a cash sum for the future [sec. 97 Act on the Family]

n  Maintenance is paid to custodial parent till majority of the child,





Maintenance Duty of Children to their Parents

n  Sec. 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”

n  Agreement X Court Decision

n  Maintenance may be adjudicated from the the day of institution of judicial proceedings [sec. 98
Act on Family]

n  Proceeding may be started only upon a petition

n  Maintenance is paid monthly





Maintenance Duty between other Relatives

n  Sec. 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

n  Agreement X Court Decision

n  Maintenance may be adjudicated from the the day of institution of judicial proceedings [sec. 98
Act on Family]

n  Proceeding may be started only upon a petition

n  Maintenance is paid monthly







Maintenance Duty between Spouses

n  Sec. 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”

n  Agreement X Court Decision

n  Maintenance maybe adjudicated from the the day of institution of judicial proceedings [sec. 98
Act on Family]

n  Proceeding may be started only upon a petition

n  Maintenance is paid monthly







Maintenance Duty between Divorces Spouses

n  Sec. 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”

n  Extinct 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

n  Extinct under same conditions as [A] and also after passing three years after divorce









Maintenance Duty between Divorces Spouses

n  Agreement X Court Decision

n  Maintenance maybe adjudicated from the the day of institution of judicial proceedings [sec. 98
Act on Family]

n  Proceeding may be started only upon a petition

n  Maintenance is paid monthly or
in a lump sum [sec. 94/2 Act on Family]







Contribution to Maintenance and Coverage of Several Cost of an Unmarried Mother

n  Sec. 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”







Contribution to Maintenance and Coverage of Several Cost of an Unmarried Mother

n  Agreement X Court Decision

n  Maintenance maybe adjudicated from the the day of institution of judicial proceedings [sec. 98
Act on Family]

n  Proceeding may be started only upon a petition

n  Maintenance is paid monthly or
in advance [sec. 95/2 Act on Family]







THANK YOU
 Martin Kornel, mkornel@seznam.cz