How to claim child maintenance and what to consider

The separation of parents does not terminate either parent's obligation to contribute to the maintenance of the child. The question of how to claim child maintenance often becomes pressing when agreements remain verbal, payments are delayed, or one parent does not contribute to the child's day-to-day expenses at all. In such a situation, a calm and resolute plan of action helps to keep the focus on what matters most — the child's wellbeing.

Maintenance is not a punishment of the other parent, nor a bargaining tool in disputes over contact arrangements. It is the child's right to receive support from both parents in accordance with the child's needs and the parents' means. When parents do not live together, the parent living with the child typically fulfils their obligation through the child's day-to-day upbringing and by bearing the associated expenses. The other parent's contribution usually takes the form of financial maintenance payments.

How to claim child maintenance before going to court

If communication is at all possible, it is worth starting with a clear written proposal. Written form does not necessarily mean a formal document drafted by a lawyer. A first step may be an email or message in which you describe the child's regular expenses, propose a monthly maintenance amount, and specify the due date for payment and the account to which the money should be transferred.

It is important to make the proposal sufficiently specific. A general request such as "please help cover the child's expenses" leaves too much room for interpretation. If, however, the message specifies a fixed amount to be paid on a fixed date each month, it will later be straightforward to assess whether an agreement was reached and whether it was honoured.

Parents may agree both on a monthly payment and on which expenses the other parent will cover directly. For example, one parent may pay for the child's extracurricular activities or health insurance-related costs. Such an arrangement can work, but only if the agreement is transparent and genuinely covers the child's needs. Making occasional purchases alone may not substitute for regular maintenance.

If you reach an agreement, put it in writing. Record at a minimum the maintenance amount, the payment date, the method of payment, any principles for sharing additional expenses, and the date from which the agreement takes effect. In practice, a clear written agreement substantially reduces subsequent disputes.

What determines the amount of maintenance?

When it comes to the amount of maintenance, it is not always correct to rely solely on what the other parent says they are able to pay. Account must be taken of the child's reasonable needs, the parents' financial situation, the day-to-day contribution of the parent living with the child, and the existence of other dependants. The law provides principles for calculating maintenance, and the minimum amount is determined by a formula, which means it may change over time.

The child's expenses may include food, housing, clothing and footwear, nursery or school costs, transport, extracurricular activities, healthcare costs, communications, and other ordinary expenditure arising from the child's age. Not all expenses need to be equal every month. Winter clothing, dental treatment, or school supplies, for example, may be larger one-off items of expenditure, but these too form part of the child's maintenance.

In court, claiming a higher amount does not automatically result in it being awarded. The claim must be substantiated. At the same time, the parent living with the child is not required to bear all costs alone on the grounds that the other parent's income is irregular or that they claim to be unemployed. Each case requires an assessment of the actual circumstances.

Gather evidence before the dispute escalates

Evidence helps to turn an emotionally difficult dispute into something concrete. Keep all invoices, bank statements, extracurricular activity contracts, and payment notices related to the child's expenses. Where necessary, these can be used to compile an overview of the child's average monthly costs.

It is equally important to preserve all communication with the other parent: proposals for the payment of maintenance, their responses, promises made, and information about payments actually made. If money has been paid in cash but this cannot be evidenced, a dispute may later arise as to whether the payment took place at all. For this reason, a bank transfer with the reference "maintenance" or "child support" is a clearer solution for both parties.

If no agreement is reached: options for going to court

If the other parent does not respond, refuses to pay, or offers an unjustifiably low amount, maintenance may be claimed through the court. Depending on the circumstances, either a payment order summary procedure or ordinary claim proceedings may be appropriate. The summary procedure may be suitable where the claim is monetary, clear, and does not require extensive evidencing. Where the amount of maintenance, the child's expenses, or the parent's financial situation are in dispute, claim proceedings are often the more appropriate course.

An application submitted to the court must explain from whom and from what date maintenance is being claimed, in what amount, and on what basis the claim rests. Available evidence must be enclosed. The claim is generally brought on the child's behalf by their legal representative. If the child is of full age, they may bring their own maintenance claim, for example where they are continuing their studies and require parental support.

Under certain conditions, maintenance may also be claimed retrospectively. This is not, however, automatic, and the period for which a retrospective claim may be made is limited by law. For this very reason, it is inadvisable to wait years before addressing the matter. The sooner you send a written claim and gather evidence, the better placed you will be to protect the child's rights.

In court proceedings, the other parent may contest both the amount of the claim and their ability to pay. It sometimes becomes apparent that a compromise is more sensible, having regard to the child's interests and the costs of the proceedings. In other situations, it is necessary to seek a clear ruling from the court, as there is no basis for assuming voluntary payment. The right choice depends on whether the dispute concerns only the willingness to pay or also the amount of maintenance and the surrounding circumstances.

A court order does not mean the money has arrived

If a court judgment, notarial agreement, or other enforceable instrument exists but maintenance is still not being paid, it is possible to apply to a bailiff. A bailiff may employ the enforcement measures provided by law, such as freezing a bank account or making a claim against wages and other income. Enforcement proceedings do not mean that the money reaches the parent living with the child immediately, but they give the claim a genuine prospect of being satisfied.

Where maintenance is not paid, it may under certain conditions also be possible to receive state maintenance allowance. The conditions for receiving it depend, among other things, on what proceedings have been initiated and whether an enforceable instrument exists. The allowance does not release the defaulting parent from their obligation — the state may subsequently recover the amounts paid from them.

Where paternity or contact with the child is in dispute

Sometimes the question of maintenance is not the only problem. The other parent may claim not to be the child's father, or may link payment to the possibility of seeing the child. These matters must be kept separate. If paternity has not been legally established, it may be necessary to address the establishment of paternity before the maintenance claim can be resolved. If, however, parentage has been established, the maintenance obligation does not depend on how frequently the parent has contact with the child.

Equally, there is no justification for depriving the child of contact with the other parent solely because of maintenance arrears, unless such contact would be detrimental to the child's wellbeing. Maintenance, contact arrangements, and parental responsibility may be interconnected within a family dispute, but in legal terms they are separate matters, and a solution serving the child's interests must be found for each of them.

Clear action reduces tension

In a maintenance dispute, it is advisable to avoid making threats, speculating about the other parent's assets, and involving the child in an adult conflict. It is more effective to submit a calm written claim, gather the necessary documents, and then decide whether an agreement is realistic or whether court proceedings must be pursued.

If the situation is complex, a lawyer can help assess the amount of the claim, prepare a proper application, and select the proceedings best suited to your case. Eurocity Law Office will listen to your situation, explain your options in plain terms, and help you take the next practical step so that the child's maintenance does not remain hostage to vague promises.