Family Law

Child Alimony

Child Alimony

Both parents have a legal obligation to contribute towards the expenses of a child, irrespective of which parent has the custody of the child. Parent against parent claims for child alimony are amongst the most common cases in the family court. Child alimony is a monthly contribution by way of court order for the child expenses paid by one parent to the parent who has the custody of the child. The primary consideration made by the family Court is to make an accurate estimation of the average monthly required expenditure for the child.

Contribution According to parents’ incomes

A court order for alimony is almost certainly issued in all but the rarest of cases. The disputed issue is usually how much the parent will be ordered to pay monthly. This depends not only on the actual needs of the child(s) but also on the parents’ incomes. If both have the same incomes, then the court will order the respondent parent to pay a monthly sum for alimony equal to 50% of the children monthly needs. If he or she is a higher or lower earner, then the order is accordingly higher or lower.

Client Interview

In collaboration with the client, we collect all documentation and information regarding the child(s) expenses for nutrition, medical care, education (including physical) and entertainment. In addition, we collect and carefully evaluate all necessary information regarding the incomes of our client compared to the other parent. The purpose is to use our experience to advice our client on how much he/she should expect to pay or receive per month by the other parent depending on who has child custody.

Quality of life during cohabitation

Quality of life, in the (very) narrow sense of how much money were spend on the child during the time the parents lived together, is also taken into account.

Settlement efforts

As in all cases, in alimony cases it is very important that the client is consulted correctly by his/her lawyer in order to avoid any court procedures that could be settled out of court for the benefit of everyone. In our work we rely on building a relationship of trust with our client in order to have the clearest picture possible regarding the particulars of each case. For the best possible collaboration, our clients should put aside any feelings of resentment towards the other parent. This way they will be able to best communicate to us the crucial facts which will help evaluate as best as possible any offer that is on the table.

Concealing of income

We cannot stress enough the importance of not letting any feelings of resentment towards the other party to harm your case. Every parent has a duty to disclose all his/her income in order to aid the court to calculate the needs of the child. In cases where the court senses a concealment of income, then it has the legal authority to draw its own conclusions according to the other parties’ claims and/or the judges life experience. The earning capacity of a parent is also taken into consideration.

Ex-wife alimony

In certain situations, an ex-wife, may herself be entitled to a fixed monthly contribution from her ex-husband irrespective of any children. These cases typically concern couples who were married for many years and/or women who sacrificed their careers to help their husband build theirs. The more years of married life, the most likely it is that any such claim is seen favourably by the family court.

Adult Child alimony

Upon adulthood of a child, the right of the mother for contribution from the father seizes. However, the now adult child has the right to apply himself/herself to the family court to seek an order ordering the father to pay him a monthly sum so long as certain requirements are met. For example, if the child has a disability or is serving in the army or, most commonly, is studying or is preparing to study in a university in Cyprus or abroad. The family court, if satisfied that the expense claimed is justified and that the father has the financial ability to pay then it decides on a monthly amount that believes to be just. It is worth noting that the caselaw does not require the father to have agreed on the selection of the studies’ location and cost.

The above information is not intended to be used as a legal opinion and are merely examples to aid the reader in better understanding their legal position. Please feel free to contact us today if you require legal advice for your specific situation.