Who pays for Child Support after the Divorce in Cyprus?
When a Divorce occurs, it triggers a series of related issues that require the expertise of a professional family lawyer. By working with a qualified lawyer, you can avoid potential problems that may arise in the future. One of the issues related to divorce is child support or child maintenance. In this matter, parents must agree on their children’s expenses and each parent’s contribution. And again it’s crucial to work with a professional family lawyer to ensure a fair agreement. If parents cannot agree on child support, the matter will be taken to the family court for a decision.
According to Cyprus Family Law, the parent who has custody of the child is entitled to child support. This is because they are responsible for all expenses related to the child. If you have custody of your child, you can apply to the court for child support or child maintenance. After the Court examines your petition and issues a decision, the parent who does not have parental care of their children is required to pay maintenance to cover their needs.
This amount is calculated based on the children’s needs and lifestyle before the marriage was dissolved.
Previously, child custody and child support were separate proceedings, but with the new amendments to Family Law in 2023, lawyers are now allowed to request child custody, child support, and exclusive use of the family home in the same petition to the court.
The amount of Child Support in Cyprus
Under Cyprus Family Law, both spouses are responsible for financially supporting their minor children, regardless of contact or biological relationship.
The amount of maintenance is calculated based on the financial situation of the parents at the time of the court petition, even if the child was born outside of marriage. If the father recognizes the child as his own, he is liable to pay maintenance to the parent with whom the child lives.
To file a petition for child support, your family lawyer will draft an affidavit with attached proof documents, including:
- the minor’s daily/monthly spending and requirements,
- the monthly income of both the applicant and respondent,
- the monthly costs of both the applicant and respondent,
- the minor’s living expenses.
Child support is meant to cover a wide range of expenses related to the child’s well-being and upbringing. To ensure that the court acknowledges the reality of your expenses, you will need to present receipts, invoices, and other forms of evidence.
Here are some of the costs that child support should cover:
- Food supplies and nutrition
- Clothing and shoes
- Healthcare, including doctor’s fees
- Academic tutoring and school expenses
- Out of school lessons and extra-curricular activities
- Entertainment, including social events and pocket money
- Self-care expenses
- Transportation expenses, including fuel, parking, and public transportation
- Rent or mortgage payments
- Utility bills, including water and electricity
- Phone and internet expenses
The requirements of the minor children, as well as the income of both parents, are considered when assessing the amount of the parents’ support responsibilities. Each month, both parents are required to pay for their child’s necessities. The amount of maintenance is paid to the parent who has been given custody of the kid on behalf of the child.
Example of Child Support amount calculation
Let’s say one parent earns €3,000 per month and the other parent earns €1,500 per month. The court may order one parent to cover 75% of the minor’s maintenance and the other parent to cover 25%.
If the minor’s monthly expenses are €800, then one parent would contribute €600 and the other parent would contribute €200. This division of responsibility ensures that the child’s needs are met while taking into account the financial situation of both parents.
In some cases, parents may come to an agreement on the amount of child support and simply request the court to issue a decision reflecting their agreement.
Child Support for Adult Children
As we already discussed, after the dissolution of a marriage or the separation of a couple with children, the Law provides, among other things, for the obligation of the parents to support their minor children, according to each parent’s financial abilities.
However, this obligation is not limited to the age of majority, since in some cases, the Law on Parent-Child Relations of 1990 provides that the obligation of parents to support their children may continue even after they reach the age of 18.
The adult child has the possibility to claim maintenance in cases of:
- Suffers from incapacity or disability,
- Serving his military obligations in the National Guard,
- Studying in an educational institution or vocational school.
Legal obligation of a parent to pay child support to their adult child and the regulation of this can only continue after filing a petition with the Family Court and the issuance of a relevant Decree.
Once the child has reached adulthood, they secure legal capacity, meaning that the petition for child support must be filed by the adult child themselves.
What happens if the Parent does not pay the Child Support?
To enforce a maintenance order, the Court may order the imprisonment of the parent who fails to pay the required amount, upon the request of the custodial parent.
The request must be accompanied by an affidavit stating the amount overdue. The parent who fails to pay will be notified to appear in Court and explain the reasons for the delay. If valid reasons are provided, the Court may grant a reasonable period for payment.
Failure to comply will result in police action to collect the amount owed, and refusal to pay may lead to imprisonment.
Cyprus single parent benefit
In Cyprus, after a divorce is finalized, the parent who has custody of the children is eligible to apply for a single parent benefit from the government, which amounts to €180 per child as of 2023. To apply for this benefit, you will need to provide documentation proving your divorce and child custody arrangements issued by the Family Court.