Expiry of child support obligation

25/10/2015 | Child Support, Custody, Divorce

This article aims to introduce the subject of a judicial finding that the maintenance obligations in the relationship between parents and children has expired. To estalish the expiry of child support obligation it is neccesary to submitt the suit.


The basis for the suit to establish that the maintenance obligation has expired is regulated byt article 138 of the Family and Guardianship Code, which provides that in the event of a change of circumstances it may be required to modify the decision or agreement concerning maintenance obligations. The event which results in termination of the maintenance obligation may be getting by is entitled to alimony ability to support themselves, determination of paternity, adoption dissolution without maintaining the obligation to pay maintenance and also to demonstrate that a child of age does not endeavor to provide for themselves or if the payment of maintenance for an adult child is connected to the excessive detriment of the parents.


The suit shall be submitted to the District Court with jurisdiction over the defendant’s domicile. It is possible to submit an application for securing the claim by suspending enforcement proceedings pursuant to Article 755 of the Code of Civil Procedure (so said the Supreme Court in its resolution of 27 February 1975. III PZ 2/75, OSNCP 1975, No. 10-11, pos. 146).