The rights of the child are one of the most sensitive topics in every society, and accordingly, Serbian Family Law has placed special emphasis on the rights of the child and on the care for the realization of the rights guaranteed by the Constitution and laws. Under the most important rights of the child provided by the Family Law, we single out: the child’s right to know who his parents are (right to origin), the child’s right to live with his parents and the right to be cared for by his parents before all others. health conditions for its proper and complete development, the child’s right to education in accordance with his abilities, desires and preferences, etc. (alimony lawyer)
Article 73 of the Family Law prescribes the right and duty of parents to support a child. Parents can exercise their parental rights jointly and by agreement when they lead a joint life, and only one parent can exercise it independently, of course, depending on the specific case.
A parent exercises parental rights when the other parent has died, or is unknown, or is completely deprived of parental rights or legal capacity, but also on the basis of a court decision when parents do not live together and have not concluded an agreement on exercising parental rights.
One of the most common problems that occurs in practice, and is related to the rights of the child, which again arise from the obligations of parents, is the issue of child support by a parent who does not exercise parental rights. Namely, the court will obligatorily decide on entrusting the joint child to one parent, on the amount of the alimentation contribution by the other parent and on the manner of maintaining the child’s personal relations with the other parent. When determining alimentation, the court takes into account the following facts: the needs of the alimony creditor (ie in this case the child) and the possibilities of the alimony debtor (in this case the parent) and taking into account the minimum amount of alimentation. What is very important is that the law recognizes that the needs of the alimentation creditor depend on his age, health, education, property, own income, etc.
In practice, this means that the law provides for the possibility of changing the amount of alimentation in accordance with the above criteria, so the fact that the court obliged the debtor to maintain a single amount does not mean that the amount of alimentation cannot be changed over time. The alimentation creditor may request that the amount of alimony will be determined in a fixed monthly amount or as a percentage of the debtor’s regular monthly cash income. If the court determines the amount of alimentation in this way, the amount of alimony cannot be lower than 15% or higher than 50% of the regular monthly income of the debtor. As we mentioned earlier, the amount of alimentation can be increased or decreased if the circumstances on the basis of which the original or previous decision was made change, this procedure in a dispute for alimentation is initiated by a lawsuit.
Based on our many years of experience, our law office will provide you with all the necessary legal assistance in such proceedings.