Maintenance of children after divorce
Parents have the obligation to support their child jointly and according to their powers. (article 33 Law No.216/1990). A parent or the Director of the Social Welfare Services may apply to the Court for maintenance, payable to the child (article 36 Law No.216/1990).
According to article 37 of the Law, the amount of maintenance is calculated according to the needs of the child taking into consideration the standard of living before the separation and the income generated by the parents.
Furthermore, maintenance includes all the necessities for the sustenance and welfare of the child as well as the expenses for the child’s education. Where the parent against whom the order is issued receives a thirteenth or fourteenth month pay, the maintenance order may also include a thirteenth or fourteenth monthly payment of maintenance (article 37(2)(3) Law No.216/1990).
The obligation of the parents to support their child may continue even after the child reaches adulthood in cases where this is imposed by special circumstances. This may happen, for example, when the child attends an educational institution (university or college) or during his service in the National Guard (article 33(2) Law No.216/1990).
The extent of the maintenance is “the powers” of either spouse, which includes also the potential income and not only the real income.
The maintenance aims to meet the immediate living needs of the person, therefore the content of the maintenance directly relates to the cycle of needs covered with this, and as a measure or extent of maintenance we mean the degree or level to which these needs” are met . E. Kounougeri Manoledaki in her book “Family Law” II B Version 1998, page 138 (1993) 1 ΑΑΔ 900
According to article 38 (2) the amount of maintenance is automatically increased by ten percent (10%) per period of twenty-four months unless the court order differently after the filing of a petition by the debtor spouse for that purpose.