The child support is a financial payment, made monthly, owed to children or young individuals up to 25 years of age, aiming to ensure their subsistence.
The child support should be determined in cases of divorce or separation, or even when the parents are not married and do not live together, with the parent who has not been entrusted with the child's residence being required to contribute to the child's maintenance costs.
If the parents do not reach an agreement, the determination of the amount to be paid falls to the court.
According to Article 2003 of the Civil Code, food support includes not only what is essential for the child’s sustenance, housing, and clothing but also payment for expenses related to their education and schooling.
Thus, the concept of food support covers all expenses related to the safety and health of the children (medical and medication expenses, and everything necessary for the healthy development of the children).
The expenses for education and schooling include all costs related to schooling and the children’s professional skill development, including extracurricular activities and, whenever possible, leisure expenses.
According to Article 2004 of the Civil Code, the amount of food support should consider proportionality between the means of the parent who has the obligation to pay and the needs of the child. This means that the calculation of the child support should be based on the parents' incomes and the expenses borne by the custodial parent.
The law does not establish a mathematical criterion to determine the exact amount of child support, so equity must be applied, evaluating each case individually, and the contribution from each parent should be proportional to their economic capacity for the upbringing of the child.
For example:
If one parent earns 2,000 euros per month and the other only 800 euros, the distribution of costs should reflect the difference in the financial capacity of each parent.
There are several indicative factors to consider when determining the child support amount:
- What is the profession or job of the father/mother of the child(ren)?
- What is the net monthly income (including bonuses, supplements, allowances, and other benefits)?
- What was the net monthly income from the previous year (deducting withholdings and mandatory social security contributions)?
- How many people are in the family unit? (indicating ages, professions, net incomes, and family relationships)
- What are the most significant expenses of the family unit (excluding child-related expenses)?
- What is the average monthly transportation cost for the child(ren)?
- What are the average costs for basic and extraordinary school expenses?
- What are the average costs for supplementary study services, such as tutors?
- What are the costs for extracurricular activities, including tuition fees and equipment, and any budget limitations?
- On average, what is the cost of buying a gift if the child(ren) are invited to a friend/classmate's birthday party?
- Who is responsible for providing pocket money and phone cards for the child(ren) during trips/excursions?
- Does the child(ren) have any health insurance system or plan?
- Who covers the expenses related to the health insurance system or plan?
- Who should bear the costs of essential medical expenses?
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