Maintenance between supposes (until divorce)
- Spouses have a mutual maintenance duty.
- Unless one of the spouses fulfills this duty, the court shall determine of its extent on the basis of a petition of any of them; in doing so, the court shall take account of care of the common household. The extent of maintenance duty shall be determined so that material and cultural level of both parents is principally the same.
- This maintenance duty must be preferred to maintenance duty of the children.
Maintenance to divorced spouse (after divorce)
- A divorced spouse who is not able to earn living on his or her own may ask the former spouse to maintain him adequately according to his or her abilities, possibilities and property condition. Unless they are able to agree on the maintenance, the court shall decide on it on the basis of a petition filed by any of them.
- This maintenance duty must be preferred to the children’s duty to maintain their parents.
- A divorced spouse who did not predominantly take part in breakdown of the marriage through violation of marriage duties and who has suffered a considerable harm due to the divorce may be awarded maintenance by the court against his or her former spouse in the same extent as is the extent of the mutual maintenance duty between spouses.
- The right to maintenance shall become extinct if the entitled spouse enters into a new marriage or if the liable spouse dies.
- The right to maintenance shall become extinct also by paying a lump sum on the basis of a written agreement.
The divorce spousal support can last only three years after the divorce. Spousal support ends if and when a receiving spouse remarries or is able to take care by him or herself. The conditions under the law to ask for a divorce spousal support are strict and requires fault on the side of the paying party.
New Civil Code in § 760-763 enables the agreement between spouses in wider scope and also brings much more right to the spouse who did not cause the divorce. The amount of the maintanence could be even the same living level standard as it was during the marriage.
CONTRIBUTION TO MAINTENANCE AND COVERAGE OF SEVERAL COSTS OF AN UNMARRIED MOTHER
If the child’s mother is not married to the child’s father, the child’s father shall provide her with maintenance for two years from the birth of the child and provide her with a reasonable contribution to cover the costs associated with pregnancy and childbirth. The man whose paternity is probable has the duty to reimburse the costs associated with pregnancy and childbirth even if the child is not born alive.
A court may, on the application of a pregnant woman, also order the man whose paternity is probable to provide in advance an amount needed to provide for the maintenance of the child for a period for which the woman would be entitled to maternity leave as an employee under another legal regulation.
Maintenance and support for an unmarried mother and covering the costs associated with pregnancy and childbirth may also be granted retrospectively, but for a maximum of two years prior to the date of childbirth
In determining maintenance, the court shall take account of justified needs of the entitled person as well as to abilities, possibilities and property condition of the liable person. In evaluating the liable party’s abilities, possibilities and property condition, the court shall examine whether the liable person has not given up a more advantageous job or gainful activity or property benefit without important reason and eventually whether he or she does not undergo inadequate property risks.
The maintenance must be paid in regular repeating installments or in one sum.
The maintenance right can not become statute-limitated. However, the maintenance may be adjudicated only from the day of institution of judicial proceedings; a minor’s maintenance may be adjudicated even for the period of no more that three years before the day of institution of judicial proceedings.
If the condition changes, the court may even without a petition change agreements and judicial decisions on minors’ maintenance. If the maintenance is canceled or reduced with effect to past, consumed maintenance need not be returned. Except for minors’maintenance, the change or cancellation of maintenance can be done only on the basis of a petition.
High income parents – ask the attorney at law Dr. Eva Ondřejová for a case law (Constitutional Court in the Czech Republic) and for common practice for high-income parents in respect of child support and alimony.