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CHILD SUPPORT AND SPOUSAL SUPPORT

Parents, children, spouses and cohabitants have the right and the obligation to support each other. It’s a/an right/obligation which they cannot waive. Parents are obligated to support their juvenile, and, as well, their mature child as long as he/she regularly completes his/her educational commitments, and at most one year after he/she had finished his/her education. In situations where parents are not capable of supporting their children, this commitment falls on the child’s grandparents, and if the child has none, on his/her stepparents. The minimum amounts required for the monthly child support are: for the child till the age of 6; 908,31 Kuna, for the child between 7 and 12 years of age 1.068,60 Kuna and for the child between 13 to 18 years of age 1.175,46 Kuna.

A spouse is entitled to spousal support only if he/she has insufficient means of living or cannot acquire ones from his/her property, and is incapable of working or cannot find a job. A spouse can file a request for spousal support during a marital dispute or at the latest 6 months after the marriage has been dissolved. A cohabitant is entitled to spousal support under the same conditions as the spouse, but he/she is entitled to spousal support for a maximum period of 1 year after the break-down of cohabitation, while the spouse in entitled to this support as long as the conditions set by the law are fulfilled. In difference to a child, a spouse can request the support only for the time period after the request for the support has been filed, while the child can request payment of the child support for the past period, from the day when the obligation/right emerged till the day when the request for support was filed and further.

When deciding on the amount of the support, one must take into account the demands of the dependant and, as well, the possibilities of the breadwinner. In the enforcement proceedings the support claim is privileged compared to other claims. Accordingly, the support enforcement can be conducted on ½ of the disposable income, and the enforcement of other claims only on 1/3 of the disposable income. The income the dependant receives as support is excluded from the enforcement.