Parents have a number of rights and responsibilities towards their children to ensure their child's successful physical and mental development. The right to maintenance is one of the fundamental rights of the child, which is why it is one of the most important family law instruments. The aim of this master's thesis is to present the legal regulation of the duty of maintenance of children, while reviewing the relevant case-law. Parents are obliged to support their child until the child reaches the age of majority, and under certain conditions, this obligation continues after that, but no longer than until the child reaches the age of twenty-six. The purpose of that is to enable the child to devote himself to his education and successfully completes it. The amount of maintenance is determined according to the material and economic resources of the parent and the extent of child's needs. The child's best interest is the fundamental guiding principle for court decisions. Maintenance is usually provided voluntarily within the family community, but this is not always the case. Most problems arise when the family separates, that's when the help of the court is needed. If the obligation of maintenance is not fulfilled, the maintenance beneficiaries can resort to enforcement action, declare a criminal offence, or request maintenance compensation from the Maintenance Fund. The Maintenance Fund's maintenance compensation is the country's corrective that ensures children's basic social security.
|