Regardless of custody arrangements, both parents are obligated to financially support their minor children. The maintenance amount is determined based on the children’s needs and the parents’ financial situation at the time of the Court petition. Importantly, maintenance and custody petitions are distinct legal processes in Cyprus.
The process begins when the parent with whom the children reside applies to the Family Court. Once filed, the case receives a hearing date. Certified copies of the petition must be served to the other parent, allowing them to participate in the proceedings.
In urgent cases, the Applicant can request a temporary Court Order requiring the Respondent to make monthly payments until the main petition concludes. To secure this order, the Applicant provides an affidavit detailing the children’s expenses and both parents’ financial situations. The Respondent can contest this order.
A maintenance petition typically includes details about:
Separation or divorce can also affect the maintenance of adult children. Adult children can request maintenance for specific needs, such as educational expenses or military service, by applying to the competent Court. These rights must be established in a Court Order.
The Family Courts handle maintenance petitions if the children reside within their jurisdiction.
A Court Order may cover expenses related to the child’s:
The Court considers the children’s needs and both parents’ incomes when determining maintenance obligations. Typically, both parents share the financial responsibility. The specific division depends on the case’s unique circumstances.
Failure to comply with a maintenance order can lead to imprisonment. If the obligated parent does not make the required payments, the custodial parent can file a petition, and an affidavit outlining the overdue amount is signed. The Court may grant a reasonable extension to make payments before involving law enforcement.
After divorce, the custodial parent may be eligible for a single-parent benefit, approximately €180 per child. This benefit requires a Court-issued divorce and a Court Order for maintenance or custody.
Our child maintenance lawyers offer the following services:
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