Determining the amount of child support for minor children in Lithuania: how much alimony should be paid to a child and how to calculate it?
- Vincentas Zabulis
- Mar 10
- 4 min read
Inadequate provision of the child's need and parental conflicts
According to statistics, about a third of married couples in Lithuania divorce every year, so the issue of child support becomes extremely relevant. Divorce or parents living separately often cause not only emotional but also financial challenges. One of the most important questions is how much child support should be paid? Parents often disagree about the amount of child support, its method or form of payment. One may believe that it is enough to cover only minimal needs, while the other may demand larger amounts, taking into account the child's well-being and previously usual lifestyle. In addition, sometimes child support issues become the cause of long-lasting legal disputes.
Inadequate provision of the child's need and parental conflicts
In Lithuanian court practice, there are cases where too little maintenance prevents a child from living with dignity, while too much causes financial disputes between parents. When the amount of child maintenance is determined incorrectly, the consequences can be very serious. Too little maintenance means that the child’s essential expenses – food, housing, education, medical care and leisure – may not be sufficiently covered. This can negatively affect the child’s quality of life, health and emotional state.
Meanwhile, too much financial burden on one of the parents can lead to legal disputes, distance him from the child or even encourage him to avoid fulfilling his obligations. Another common problem is that parents disagree on what form the maintenance should be provided: in money, in kind or in other ways.
How is the amount of child support determined in Lithuania?
The Civil Code of the Republic of Lithuania provides that both parents must financially support their minor children, regardless of their place of residence or relationship with their former partner. If the parents live together, it is considered that they support the child naturally, but if they live separately, the maintenance must be clearly defined.
The most important criteria that courts rely on when determining the amount of child support:
Child's needs. The amount of maintenance for each child is determined individually, taking into account their age, health status, educational needs, social life and previous standard of living.
Parents' financial capabilities. The court assesses not only official income, but also other financial resources, such as real estate, savings or the possibility of receiving additional income.
Minimum amount of maintenance. In Lithuanian court practice, it is customary to adhere to the principle that the minimum monthly amount for one child should be at least half of the minimum monthly wage (MMA).
Principle of proportionality. Both parents must contribute to the maintenance of the child according to their capabilities. If one parent earns significantly more, he may have a greater financial burden.
Form of maintenance. Maintenance can be paid not only in money, but also in kind - for example, by paying for tuition, housing rent or other needs of the child.
How to submit a request for maintenance award or increase?
If parents disagree about the amount of child support, one of them can go to court to request an order or increase in child support. The process consists of several main steps:
Collection of documents. You must provide data on the child's needs: school or kindergarten fees, medical expenses, rent for a place of residence, etc. It is also necessary to provide information about the parents' income and assets.
Agreement between parents. If possible, it is recommended to try to reach an amicable agreement and conclude a written agreement on child support, which would be approved by the court.
Court claim. If an agreement cannot be reached, a claim can be filed for the award of maintenance or a change in its amount. In this case, it is worth remembering that arrears for child support can only be recovered for the last 3 years prior to the filing of the claim.
Enforcement of a court decision. If one of the parents does not pay the awarded maintenance, you can apply to the court with a request to issue a writ of execution and submit it to the bailiff for forced debt collection. The writ of execution can be submitted to the bailiff within 5 years from the date of its receipt in court.
Appeal to Sodra. (Lithuanian Social Security) If maintenance cannot be recovered through a bailiff because the debtor does not live in Lithuania, and the child does not receive maintenance for more than a month, in this case, the father or mother with whom the child permanently lives may apply to Sodra for child maintenance payments.
The case law of the Supreme Court of Lithuania often emphasizes that the interests of the child are the most important criterion in resolving maintenance issues. For example, in the decisions of Lithuanian courts, there have been cases where the expenses necessary for a child included not only housing, education or medical expenses, but also expenses for a pet, if it was proven that the child has a strong emotional connection with it and the pet is an important part of his well-being. When making a decision, the court always takes into account the interests of the child and seeks to ensure that his material well-being does not suffer due to disagreements between the parents.
Legal assistance
Child support issues are among the most complex in the field of family law. For example, even if one of the parents officially has no income, this does not necessarily mean that he can avoid the obligation to support. Therefore, it is very important to prepare properly and consult a lawyer. If you are facing support problems and need professional legal assistance, contact our team by e-mail info@zabulislegal.com.
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