Alimony

Who is entitled to maintenance?

The following are entitled to maintenance:

• a child
• a spouse or common-law partner
• the mother of a child
• parents
• a brother or sister
• a stepchild, stepmother or stepfather

Child maintenance

A minor child is entitled to maintenance from its parents. It is also entitled to maintenance from its grandparents if the parents are not alive or do not have sufficient means. An adult child in regular education is entitled to maintenance from its parents in proportion to their means, at the latest until the age of 26.

Maintenance of a spouse or common-law partner

A spouse or common-law partner who does not have sufficient means of support and is unfit for work or unemployed is entitled to maintenance from the other spouse or partner, in proportion to that person’s means. A spouse is entitled to maintenance for five years after the divorce, and even beyond that where there are particularly justified reasons preventing them from working. If that spouse enters into a new marriage or common-law union, the right to maintenance ceases.

Maintenance of the child’s mother

The mother of a child who does not have sufficient means of support is entitled to maintenance from the child’s father for three months before the birth and one year after the birth.

Maintenance of a parent

A parent who is unfit for work and does not have sufficient means of support is entitled to maintenance from an adult child or grandchild, in proportion to that person’s means.

Maintenance of a brother or sister

A minor brother or sister is entitled to maintenance from an adult brother or sister if the parents are not alive or do not have sufficient means.

Maintenance of a stepchild, stepmother or stepfather

A minor stepchild is entitled to maintenance from a stepmother or stepfather, but only while the marriage between its parent and the stepparent lasts. A stepmother or stepfather who is unfit for work and does not have sufficient means of support is entitled to maintenance from an adult stepchild, in proportion to that person’s means.

The amount of maintenance

Maintenance is determined in money; it may, however, be determined in another way if the creditor and the debtor of maintenance so agree. The court sets the amount according to the needs of the creditor and the means of the debtor, which involves assessing age, health, education, property and any income of the maintenance creditor, as well as employment prospects, the level of earnings and other income, the personal needs of the debtor, and any obligation to maintain other persons. The amount may be set as a fixed monthly sum or between 15% and 50% of the debtor’s regular monthly income, less taxes and mandatory social insurance contributions. The law expressly provides that where a child receives maintenance from a parent, the amount must be such that the child enjoys at least the same standard of living as that parent.

Failure to provide maintenance is a criminal offence.

Determining, varying and enforcing maintenance falls within family law, where professional help often decides the outcome.

Maintenance disputes sometimes run alongside protection from domestic violence, so the two proceedings are conducted in parallel.

Danilo Babić – attorney at law, Novi Sad