Can I claim child support?
Yes: the child is entitled to support from the parent who doesn't raise them. Under the Civil Code, maintenance is owed based on the needs of the one claiming it and the means of the one who must pay. When maintenance is owed by a parent, the amount is up to: 1/4 (25%) of net monthly income for one child, 1/3 for two children and 1/2 for three or more. The total maintenance owed to children, together with that owed to other persons, can't exceed half the net monthly income of the one obliged. Support can be set by agreement (at a notary, in an amicable divorce) or by court, from the date the claim is filed, and is usually paid until 18 (or 26, if the child continues studying). In short: yes, it's the child's right, calculated as a percentage of the parent's income.
📋 The rules
- Support owed by the parent who doesn't raise the child
- 25% of net income for one child
- 1/3 for two children, 1/2 for three or more
- Total maintenance: max half of net income
- Set by agreement or court
🔓 Exceptions
- Paid until 18, or 26 if the child continues studying
- Amount adapted to the child's needs and the parent's means
- Notary agreement (amicable divorce) or court ruling
⚠️ Penalties & fines
A parent obliged who doesn't pay the support risks forced execution (garnishment on income) and, in serious cases, criminal liability for family abandonment, if the bad-faith non-payment lasts a certain period. Support is owed from the date the claim is filed in court, and arrears can be recovered. To obtain or correctly set the support: if there's an agreement, formalise it (at a notary, in the amicable divorce); if not, file a court action to set the support. The amount relates to the parent's net income and the legal percentages (25% / a third / a half). Support can be changed later if the child's needs or the parent's income change. Document the income and keep proof of payments.
📎 Official sources
- Civil Code · art. 529 (the maintenance amount) →
- Civil Code · the maintenance obligation →
- Penal Code · family abandonment →
❓ Frequently asked
How much is child support for one child?
For one child, the support is up to 1/4, i.e. 25%, of the obliged parent's net monthly income. For two children it's a third, and for three or more, a half of the net income. The total can't exceed half of the net monthly income of the one obliged.
How is child support set?
Support can be set by the parents' agreement — for example at a notary, in an amicable divorce — or by court, through an action to set the support. The amount relates to the child's needs and the parent's means, within the percentages provided by the Civil Code.
Until what age is support paid?
Child support is usually paid until the child turns 18. If, after coming of age, the child continues studying, the maintenance obligation can continue until 26. Support is owed from the date the claim is filed in court, not retroactively from the separation.
What happens if the parent doesn't pay?
A parent who doesn't pay support risks forced execution, through garnishment on income. In serious cases, bad-faith non-payment for a certain period can be the crime of family abandonment, criminally punished. Support arrears can be recovered legally, through a bailiff.
Can I change the support amount later?
Yes. Child support can be changed later, increased or reduced, if the child's needs or the obliged parent's means change — for example if income rises or falls significantly. The change is also made by agreement or court, depending on the new factual situation.
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