Who is entitled to alimony?
The following have the right to alimony:
- a child
- spouse or common-law partner
- the child’s mother
- parents
- brother or sister
- stepchild, that is, stepmother and stepfather
Child support
A minor child has the right to support from his parents. He is also entitled to maintenance from his grandparents, if the parents are not alive or do not have enough means for maintenance. An adult child who attends regular schooling has the right to be supported by his parents in proportion to their capabilities, and at the latest until he reaches the age of 26.
Alimony of a spouse or common-law partner
A spouse or common-law partner who does not have sufficient means for support, and is unable to work or is unemployed, has the right to support from the other spouse or common-law partner in proportion to his capabilities. The spouse has the right to support five years after the divorce, and even after that if there are particularly justified reasons that prevent the spouse from working. If the spouse contracts a new marriage or cohabitation, his right to support ends.
Alimony of the mother of the child
The mother of the child who does not have sufficient means of maintenance has the right to support from the father of the child for the period of three months before the birth and one year after the birth.
Alimony of parents
A parent who is unable to work and does not have sufficient means of maintenance, has the right to maintenance from an adult child or grandchild, in proportion to his capabilities.
Sibling alimony
A minor brother or sister has the right to maintenance from an adult brother or sister, if the parents are not alive or do not have enough means for maintenance.
Alimony of a stepchild, i.e. stepmother or stepfather
A minor stepchild has the right to support from his stepmother or stepfather, but only while the marriage between his parent and stepmother or stepfather lasts. A stepmother or stepfather who is unable to work and does not have enough means to support them, has the right to support from an adult stepchild in proportion to his capabilities.
Amount of alimony
Maintenance is determined in money, however, it is also possible to determine it in another way, if the creditor and the debtor of the maintenance agree on it. The amount of maintenance is determined by the court according to the needs of the creditor and the capabilities of the maintenance debtor, which includes an assessment of the age, health, education, property, and possible income of the maintenance creditor, as well as the possibility of employment, the amount of salary and other income, the personal needs of the maintenance debtor, and possibly the obligation to support someone else. The amount of maintenance can be determined in a fixed monthly monetary amount or between 15% and 50% of the regular monthly income of the maintenance debtor, minus taxes and contributions for mandatory social insurance. The law expressly stipulates that if a child receives maintenance from a parent, the amount must be such that the child enjoys at least the same level of living standard as that parent enjoys.
Failure to provide alimony is a criminal offense.
Danilo Babić- lawyer in Novi Sad
