Child Alimony/Support in Divorce Cases in the Czech Republic
Divorce can be a complicated and difficult process for anyone, but it can be even more so for foreigners living in the Czech Republic. This is especially true when it comes to child support, as the legal system can be confusing and difficult to navigate. In this article, we will explore the legal aspects of child support for children of two foreign parents or for a child of a foreign parent and a Czech citizen in the Czech Republic.
Child Support in the Czech Republic A child’s right to support is one of their most fundamental legal rights with respect to their parents. The specific amount of support is primarily based on the child’s needs and the parents‘ property relations and other relations. A parent has a support obligation towards their child from the child’s birth until the child is capable of earning their own living, typically until they have finished preparing for their future occupation.
If a parent does not voluntarily or sufficiently meet their obligation to financially support their child, the court decides on a support payment. In the Czech Republic, courts typically decide on child support in cases where the contesting party or entitled party is a habitually resident in the Czech Republic, or if the court is conducting proceedings in the matter of care for a minor child. Czech courts can also make these decisions if the child is 18 or older and agrees to it in writing, provided that the child or the parent had their habitual residence in the Czech Republic at the time of the agreement, or one of them had Czech nationality.
In exceptional situations, Czech courts can make decisions in other cases as well, such as when a decision is to be made regarding a change to a previous decision made by a Czech court, or when the child is a Czech citizen, and their habitual residence is outside the Czech Republic. However, other conditions must be met as well.
Rights and Obligations The child’s standard of living should, in principle, be in accordance with the parents‘ standard of living. Child support can be granted up to three years back from the start of the court proceedings. Support typically ranges from CZK 2,500 to CZK 20,000 per month. However, for parents with high incomes, it is not uncommon for child support granted by a court decision to amount to CZK 100,000 or more per month. Nevertheless, a child’s right to support is not unlimited, as the goal of support is not to provide for the child to the maximum possible extent for the upcoming stage of their life.
Proceedings The court initiates the proceedings upon receipt of a proposal from a child or their parent, or also without a proposal, ex officio in the case of children who are not minors. One of the court’s first acts is to define a guardian for the minor child, which is usually an Authority for Social and Legal Protection of Children. The average length of court proceedings is approximately 10 months, during which at least one oral hearing before the court takes place.
Enforcement of Child Support Obligations If a parent fails to meet the child support obligation defined by the court decision, and the parent likely has property or income in the Czech Republic, the most appropriate solution is typically to execute the decision through an executor. If the parent has property in a foreign country, it is typically appropriate to use assistance from the Office for International Legal Protection of Children.
Foreign Decisions Decisions on child support issued in a country where the child is a foreign national or in which the child is a habitual resident are recognized without further proceedings, as long as all other participants are foreigners. Unless legally defined barriers prevent this, for example, if acceptance of this decision would be in conflict with the public order. Decisions issued in a member state bound by the 2007 Hague
Child support is a critical issue in divorce cases involving foreign nationals or a foreign national and a Czech citizen. The complexity of these cases is increased due to the different legal systems and cultural backgrounds of the parties involved. This is why it is crucial to seek the services of a specialized divorce lawyer, such as Mgr. Jan Kubica, who has extensive experience in divorce law and understands the complexities of child support issues in cases involving foreign nationals.
By choosing Mgr. Jan Kubica as your divorce lawyer, you will benefit from his expertise in the Czech legal system and his ability to communicate with clients in English. His law firm, located in Prague, provides comprehensive legal services in divorce cases, including child support issues.
If you are a foreign national residing in the Czech Republic and are facing a divorce that involves child support issues, it is essential to understand your legal rights and obligations. Mgr. Jan Kubica can guide you through the legal process and ensure that your child’s rights are protected, and you are treated fairly.
In conclusion, child support is a critical issue in divorce cases involving foreign nationals and Czech citizens. The Czech courts typically decide on child support in cases where the Czech Republic is the place of habitual residence of the contesting party, the entitled party, or in matters of care for a minor child. The proceedings can be lengthy, and the amount of support can vary depending on the parents‘ income and the child’s needs. It is essential to seek the services of a specialized divorce lawyer, such as Mgr. Jan Kubica, who can guide you through the legal process and ensure that your child’s rights are protected. Contact Mgr. Jan Kubica today to schedule a consultation and learn more about how he can help you in your divorce case.