Child Support In Portugal - Globaloptimizer.com

In the event of a divorce or separation, or even if the parents are not married and do not live in a joint household, it is necessary to determine the amount contributed by the parent who was not entrusted with the care of the child on living expenses. This should happen, preferably based on the consensus of the parents, who must formalize the necessary care and maintenance agreement, which will be sanctioned by the court or registry office, depending on the cases.

How Is Child Support Calculated?

How to determine the amount of child support in the event of a separation or divorce from the parents is an often recurring question that our clients ask themselves, and the answer to which is often not straightforward.

The duty of care is a direct consequence of the determination of paternity, and therefore parents are obliged to care for their children until they are able to bear their own costs. Nutrition must be sufficient for all basic needs for the harmonious and balanced physical, social and intellectual development of children (housing, transport, education, clothing, leisure time, etc.)

In a joint family framework, providing for children is part of the couple’s standard sharing of expenses, without the need to set fixed amounts for each parent’s contribution.

How Is The Amount Of Child Support Determined When There Is No Parental Agreement?

If there is no parental consent, it is up to the court to determine the amount of child support. However, unlike what happens in some countries, there is no “mathematical” formula in Portuguese law that allows for the automatic determination of child support (e.g., a percentage of each parent’s disposable income). The courts are therefore guided by the criteria of justice and assess the contribution owed by each parent on a case-by-case basis, taking into account that the law states that both are obliged to contribute equally to the maintenance of their children. Measure.

The statement that parents are obliged to contribute to the maintenance of their children equally does not mean that the monetary contribution of each of them is the same, but rather that the effort of both to raise their children should be, from an economic point of view, proportionally identical. So, for example, in the case of a former couple where one member has a monthly income of EUR 5,000.00 and the other EUR 1,000.00, the alimony must reflect the difference in the economic resources of each of them.

Finally, the amount of child support should take into account the direct costs of supporting minors (education, clothing, food, etc.), but also the set of fees that the custodial parent must bear in order to provide care for them. A standard of living equivalent to that of the parents. Therefore, when determining the amount of maintenance, all other expenses that the custodial parent has to bear, such as housing, transportation, entertainment, social expenses, etc., must be taken into account.

How To Increase Child Support?

Child support, especially for minors, is determined by taking into account the specific situation (the needs of the children and the economic capabilities of the obligees, mostly the parents)

However, it may happen that the amount fixed at a given time, either by a court decision or an agreement between the parties, becomes disproportionate.

And this can happen because the child’s needs have changed. This is because the needs may decrease, which will happen, for example, if the child stops attending a private school and starts attending public education. Conversely, the child’s needs may also increase. Imagine the possibility of being diagnosed with a disease that requires a lot of expenses to treat; or that he has trouble at school and needs tutoring. But it can also happen that the possibilities of the parents, or one of them, change, either for the better or for the worse. For example, alimony, which is set at a particular reduced amount because the father is unemployed, should be increased if, in the meantime, he finds a job that will allow him a higher income.

Similarly, if one of the parents becomes unemployed, ill, or unable to work and, as a result, his income is significantly reduced, a reduction in maintenance can be considered. So there are countless cases where the person who is obligated to pay child support may feel the need to change, as well as the person to whom they are paying child support.

In any case and whenever it is intended to change the amount of child support, an agreement must be made, or a court action must be filed for this purpose. It is a relatively simple and not very expensive process, which is usually not too time-consuming either.

Those who are obliged to pay alimony can often no longer do so, and they just start paying a lower amount than what is due and formalize the reduction. This is a mistake that is often expensive! If the reduction of the amount of alimony is not formalized by an agreement or a legal act intended for this purpose, the unpaid amounts will accumulate month after month, and the debtor may be obliged to pay them in full.

How To Reduce Child Support?

Every fact of life that causes a relevant change in the economic conditions of the parent obliged to pay maintenance or of the child to whom maintenance is paid may possibly justify a reduction in the amount of maintenance.

It is well known that many of the decisions of our superior courts in the family jurisdiction relate to maintenance suits.

Now, knowing that child support can be established soon after the birth of a child and that, under normal conditions, it can be maintained until the child is 25 years of age, it is natural that there are circumstances in the lives of parents or children that could cause a change in the amount of child support – whether for more or less.

The law stipulates that alimony is determined according to the needs of the children and the capabilities of the obligee (parent). However, the needs of a child or a young person can change over time and lead to an increase in the amount of maintenance (for example, an illness or injury that results in extraordinary costs for health care, running expensive sports activities, more expensive school education, etc.) or a decrease in its value ( leaving school, starting a job, receiving an inheritance, etc.).

On the other hand, the circumstances of the parent who is obliged to pay the pension may also change, with an impact on his disposable income (unemployment, disability, bankruptcy, the birth of additional children, etc.).

In What Cases Have The Portuguese Courts Allowed A Reduction In The Amount Of Alimony?

It is not possible to determine all life situations that lead to a reduction in the amount of alimony.

Theoretically, all of the above situations can lead to a reduction or increase in the amount of alimony. In practice, however, only an analysis of a specific reality will allow one to assess whether a given fact of life – e.g., the birth of a new child to a father who pays child support – should or should not have an effect on the amount of child support.

In fact, it should be remembered that in this example, the birth of a new child may not have a significant impact on the income of the parent (who has high wages) and, in this case, will not cause any reduction in the pension. On the contrary, if the level of income is low, such a birth can lead to a sharp reduction in disposable income and, as a result, can justify its reduction. Likewise, the personal insolvency of the parent who is obligated to pay child support may or may not be relevant. In principle, it will not be relevant if the parent has voluntarily become insolvent (perhaps for the purpose of not paying alimony). It will also not be relevant if the alimony is already close to the minimum.

What Happens If There Is A Pay Cut?

Again, such a pay cut may or may not be relevant depending on the particular circumstances of the father and son. Courts have understood from the beginning that parents have an obligation to adequately provide for the livelihood of their children, even if they have to deprive themselves of some consumer property (e.g., a car) or otherwise. he has to find a second job. In other words, before considering a reduction in child support, alternatives must be explored to keep the amount intact, especially if, as is so often the case in Portugal, it is already at the limit of what is acceptable.

Of course, this equation must reflect the amount of alimony being considered. Naturally, it is unlikely that the court would reduce the monthly maintenance of €100 because below this amount, in our opinion, the healthy and harmonious growth of a child or young adult may be at stake. A more generous pension, for example, €1,000 per month, is more likely to be reduced depending on the living conditions of the parent or child. We, therefore, believe it is foolish to argue, as some of our colleagues do, that a reduction in wages alone cannot lead to a reduction in the value of alimony. On the contrary, we believe that a reduction in salary can effectively decide on a judicial reduction of alimony in itself. This will, of course, depend, as in any other maintenance modification situation, on a specific assessment of that particular situation and especially on the possibilities and needs of each of the parties involved.

In principle, all facts of life that cause a relevant change in the economic conditions of the parent liable to pay maintenance or of the child to whom maintenance is paid can justify a reduction in the amount of maintenance.

Automatic reduction of child support provided in a custody agreement or custody order.

In our view, there is nothing to prevent the rule of automatically reducing alimony in a custody agreement or custody order.

For this to happen, it will be necessary to ensure that the following:

The reduction does not affect the child’s right to maintenance; that is, it cannot be reduced beyond a specific amount that is considered to be the minimum permissible, taking into account the needs of the child and the capabilities of the parent who pays the maintenance;
The reduction is subject to an objective and readily determinable condition.

For example, it can be agreed that the amount of alimony will change annually according to the parent’s income, as long as this does not mean that alimony payments are lower than a certain predetermined monthly amount.

With the exception of agreements and regimes that already provide for an automatic reduction of alimony, it will, therefore, not be possible to unilaterally reduce it due to a decrease in the income of the parent obliged to pay it.

Who Can Apply For Family Allowances For Children And Young People?

An application for family allowances can be made:

by parents, natural persons compared to parents or legal guardians, if the child or young person is part of their household
by the person or institution responsible for the child or adolescent
minors if they are over 18 years old.
If more than one child or minor is receiving the allowance in one family, the application must be submitted by the same person.

When Can You Apply For Family Allowances For Children And Young People?

You can apply for family allowances at any time. However:

If you apply for it within six months of the month following the event that determines its allocation (e.g., birth, completion of the level of education required for the given age), you are entitled to the allowance from that month.

If you apply for it after this period, you are entitled to it only from the month following the delivery of the application.

What Are The Documents And Requirements For Applying For Family Allowance For Children And Adolescents?

Individuals are entitled to family allowances for children and young people:

who reside in Portugal or are compared to residents
who do not work, except when the work is provided on the basis of an employment contract during school holidays

whose household:

has a reference income equal to or less than the amount set for the 3rd income group or equal to or less than the 4th income group in the case of children under 72 months or for individuals considered isolated (read the income groups and how the reference value is calculated)
does not hold movable inheritance (for example, bank accounts, shares, investment funds, etc.) higher than 240 times the indexation amount of social support.
From the age of 16, minors are entitled to family allowances only if they complete the required level of education.

How To Apply For Family Allowances For Children And Young People?

Online
For direct social security.
On the place
At social security attendance desks.
At civic offices or civic places that provide this service.

The application, Mod.RP 5045-DGSS must be sent together with the specified documents.

Up To What Age Can A Child Be Entitled To Maintenance? Are There Different Child Support Rules For Adults And Minors?

A minor can receive alimony until reaching the age of majority. The age of the majority is 18 years. Between the ages of 16 and 18, children can be emancipated by marriage.

There are differences between the substantive law rules that apply to child and adult support: adult support only covers living, housing, and clothing costs, while child support covers education and training costs in addition to these costs.

If the child decides to continue training or education after reaching majority or emancipation, he can start maintenance proceedings against his parents. In this case, alimony covers the costs of their education and training, in addition to subsistence, housing, and clothing. The duration of these payments is determined by agreement or decision. This decision shall determine the reasonable duration of the training or education.

In the exceptional situation described above, when an adult child continues training, maintenance for an adult includes the costs of upbringing and education. In particular, the law assumes that if child support is requested for an adult child, the child support established at the time of the minor child is maintained until the said child reaches 25 years of age. In this case, the onus is on the defendant’s parent to prove that the child support established when the child was a minor is no longer necessary or excessive because the child has reached the age of majority.

In particular, the substantive rules regarding alimony for minors, adults, or emancipated children are laid down in Articles 1878 to 1880 and 1905 of the Civil Code.

The rules of civil procedure that apply to the determination and enforcement of child and adult support also differ in some cases. Differences in the applicable procedural rules are mentioned in the answers to the question, “Should I go to the competent authority or the court to obtain maintenance?” What are the main elements of this procedure?’What are the main elements of this procedure? If the person concerned (the debtor) does not pay voluntarily, what steps can be taken to compel them to pay?

Should I Go To The Competent Authority Or The Court To Get Maintenance? What Are The Main Elements Of This Procedure?

The answer to this question varies depending on the situations below.

Establishing Child Support And Spousal Support If There Is An Initial Agreement

The person who is obliged to pay alimony and/or the person who is entitled to receive it can agree on the determination of alimony. In the case of child maintenance or spousal maintenance, the parties may request that the agreement be approved before the court or before the public registrar (Conservador do Registo Civil), depending on whether the following circumstances apply.

In the event of a contested divorce, an agreement on the maintenance of minor children can still be reached. In such a case, the approval of the maintenance agreement for minor children must be requested from the court in the procedure for adjusting the exercise of parental responsibility. The following sub-heading outlines the main elements of this collection.

In the case of a divorce by mutual consent, the Secretary of State is required to approve a maintenance agreement between the spouses and/or minor children. The registrar has exclusive jurisdiction over these proceedings, which can be initiated in any civil registry. As far as child support agreements are concerned, the public prosecutor must give an opinion in advance at the civil registry court where the proceedings were initiated. If the agreement is approved, a divorce is ordered. If the agreement is not approved, the proceedings for divorce by mutual agreement are referred to the court, where the action for divorce by mutual agreement will be heard. In this case, the court has jurisdiction to review and approve agreements between spouses regarding child support or alimony.

The same rules apply in case of separation, declaration of nullity, or declaration of nullity of marriage.

Even if it is not a divorce or separation, if there is an agreement, the parents must submit the parental responsibility agreement or any changes to it for approval by the registry office in a similar way to the above.

Maintenance setup when there is no initial agreement

Alimony From Parents To Minor Children

In the event of a divorce without the consent of the other spouse, the determination of child support must be requested as part of the guardianship proceedings to adjust the exercise of parental responsibility, which is ongoing in court. Parents can then request approval of a parental responsibility agreement. If such an agreement does not exist or is not approved, the public prosecutor requests an adjustment to the exercise of parental responsibility. Proceedings take place before the court. The parents are summoned to a meeting, to which the minor and other relatives may also be invited. In the event that an agreement cannot be reached at the meeting, the judge sets an interim arrangement on parental responsibility, and the parties are sent to mediation or a specialized technical hearing. If it still proves impossible to reach an agreement, parents are invited to submit submissions and evidence. This is followed by the evidentiary stage, the trial, and the verdict.

The same rules apply in case of separation, declaration of nullity, or declaration of nullity of marriage.

Alimony For An Adult Or An Emancipated Child

Proceedings to determine alimony for an adult or an emancipated child may be initiated at any civil court on the basis of a petition stating the factual and legal grounds relied upon. Documentary evidence must be attached to the application, and all other evidence must be listed. The defendant is summoned. If they do not object, the request is granted, and alimony is determined by the secretary’s decision. If they object, the head of the court office will try to reach a settlement between the parties. If it turns out that conciliation is not possible, the secretary will prepare the case and refer it to the appropriate court for the hearing.

If there is already a court case during which alimony was determined for a minor child, a proposal to determine alimony for a child who has already reached the age of majority or has been emancipated will be attached to the already existing case and will be heard in this court, and not in the Civil Registry.

Maintenance For Adults

In addition to the above-mentioned cases, the procedure for establishing alimony for an adult is submitted to the court (e.g., a parent’s request for child alimony). The proceedings take the form of a declaratory judgment. It begins with the filing of the initial application to the court.

In this application, the applicant must indicate the court in which the action is filed, specify the parties, indicate their names, residences, or headquarters, and, if possible, their occupations and places of work, determine the form of proceedings. , state the facts and legal grounds that are grounds for the lawsuit, make the request and state the amount involved in the case. At the end of the application, a list of witnesses is presented, and additional evidence is requested. Documents proving the previous payment of the initial court fee and a power of attorney, if represented by a lawyer, must be attached to the initial application. Alternatively, a document proving the provision of legal assistance can be attached.

If a lawyer is appointed, the initial application is submitted electronically through the form available on the website https://citius.tribunaisnet.mj.pt/ in accordance with the procedures and instructions explained there. If the participant is not represented by a legal representative, the petition may be filed at the court registry in one of the following ways: in person, by registered mail, or by sending a fax.

The defendant is summoned. If no agreement is reached during the course of the case, the mandatory phases of defense, final order to initiate proceedings (saneamento), evidentiary phase, trial, and judgment follow.

Depending on the cases mentioned above, the procedural rules governing the determination of alimony:

Regarding the registry office, they are regulated in Articles 5 to 20 of Government Regulation No. 272/2001 of October 13 and in Articles 274a to 274C of the Civil Code.

As for the courts, they are regulated in Articles 45 to 47 of Act No. 141/2015 of September 8 (child maintenance) and 548 and 550 et seq. (persons obliged to provide maintenance), 931 and 994 (maintenance payable to a spouse in case of separation or divorce) and 989 (maintenance for adult or emancipated children) of the Code of Civil Procedure

Child Support From Parents Or Other Persons Obliged To Pay Child Support

Child support can also be determined in child support guardianship proceedings whenever, for example, proceedings against persons liable to pay such support need to be explicitly initiated for this purpose. These proceedings are also intended to adjust the alimony that was previously determined. This takes place in court. It begins with an application to which the following items are attached: a certificate proving the degree of consanguinity or affinity existing between the child and the defendant; where appropriate, a certified copy of the judgment by which alimony was previously determined; a list of witnesses. The defendant is summoned. A meeting is then called to try to reach an agreement between the parties. If no agreement is reached, the defense, the examination of witnesses, the trial, and the verdict follow.

Can The Application Be Submitted On Behalf Of A Relative (If So, In Which Year) Or A Child?

In the case of child support, the application can be submitted by the child’s legal representative, the public prosecutor, the person who has been entrusted with upbringing, or the director of the educational or care facility to which the minor is entrusted. Anyone can notify the public prosecutor of the need to establish child support (Article 45 of Act 141/2015 of September 8).

In the case of alimony due to the incapacity of an adult, the proceedings can be filed by their legal representatives.

In addition to these cases of incapacity, maintenance proceedings for adult or emancipated children must be filed by themselves, a legal representative designated by them, or an agent to whom they have granted power of attorney to initiate the proceedings.

However, the law establishes the following peculiarity in relation to adult children: the parent who assumes the primary responsibility for the payment of the expenses of adult or emancipated children who cannot take care of themselves may require the other parent to contribute to the living and education of said adult children. This allowance may be granted in whole or in part to adult or emancipated children if the judge so decides or if the parents agree (Article 989 of the Code of Civil Procedure).

If I Plan To Take The Case To Court, How Do I Know Which Court Has Jurisdiction?

Child Nutrition

The District Court, Family and Juvenile Court (Tribunal de Comarca, Juízo de Família e Menores) have jurisdiction in matters relating to protective proceedings, which regulate the exercise of parental responsibility and determine child support. In the absence of a family and children’s court, the case will generally be heard by a district court, a local court, or a court of general jurisdiction.

In order to understand which of the above courts has local jurisdiction, the following rules apply. In principle, the competent court is the place where the child resides at the time the proceedings are initiated.

If the residence of the child is not known, the competent court is the place of residence of the bearers of parental responsibility.

If the bearers of parental responsibility reside in different places, the competent court is the court of the place of residence of the person who has been entrusted with the custody of the child or, in the case of joint custody of the person with whom the child lives.

If any of the proceedings concern two or more children who are children of the same parents and reside in different districts, the competent court is the place of residence of the most significant number of these children. Under the same conditions, the competent court is the court where maintenance was requested in the first instance.

If the child does not live in Portugal at the time the proceedings are commenced, the competent court is the place of residence of the applicant or the defendant; if they also live abroad and the Portuguese court has international jurisdiction, the case is heard by the District Court of Lisbon, the Court for Family and Juveniles (Tribunal da Comarca de Lisboa, Juízo de Família e Menores), as this court has local jurisdiction over the Municipality of Lisbon.

Maintenance For Adult Children

Any civil authority is competent to initiate maintenance proceedings for adult children. This does not apply only if there is already a court case in which child support has been determined. In this case, a motion to determine maintenance for a child who has since reached the age of majority or has been emancipated is joined with an already existing case and heard in this court.

Alimony For Spouses Or Ex-Spouses

Proceedings to determine alimony between spouses and ex-spouses are initiated at the district court and at the family and children’s court in the defendant’s place of residence. In the absence of a family and children’s court, the case will generally be heard in a district court, a local court, or a court of general jurisdiction.

Maintenance For Adults

In addition to the above-mentioned cases, maintenance proceedings for adults are filed in the district court: Central instance, civil law court (if the value of the claim exceeds EUR 50,000.00); local court or general court, if any (if the value of the claim does not exceed €50,000.00). From a territorial point of view, the competent court is the defendant’s place of residence.

Maintenance Recovery

The courts below have jurisdiction over the initiation of special proceedings for the recovery of alimony in the event of late payment.

If the proceedings in which alimony was determined were heard before the District Court, Family and Juvenile Court (Tribunal de Comarca, Juízo de Família e Menores), the special procedures for the enforcement of alimony would be heard before that court as part of the case in question, so that be associated with a proposal for enforcement of the decision.

If the proceedings in which alimony was determined were heard before the district court, the central instance, the civil court (Tribunal de Comarca, Juízo Central Cível), the execution court (Secção de Execução), which would be competent if the proceedings were not in the jurisdiction this court of central instance is responsible for the enforcement of special alimony due to their monetary value.

If there is no enforcement court, the civil law court of the main level, where the relevant determination action was heard, is responsible for the enforcement of extraordinary maintenance, and in this case, the enforcement is carried out in this proceeding.

If the proceedings in which alimony was determined took place in a district court, a local civil court, or a court of general jurisdiction, enforcement takes place through this proceeding if the central instance does not have an execution court. If there is an enforcement court (whose local jurisdiction includes the area in which the general jurisdiction or the local civil court where the condemnation action was heard) located, it will have jurisdiction to enforce special maintenance.

Regarding the enforcement of court decisions, even if the enforcement does not take place in the court where the enforceable judgment was issued, the motion for enforcement is filed in the determination procedure where the judgment was issued. In this case, if the enforcement court is competent, the sentencing court shall immediately forward a copy of the judgment, the proposal that led to the enforcement of the decision, and accompanying documents to the enforcement court.

The same rule applies in cases where there is no enforcement court, and in the case of enforcement proceedings, the local civil court or general court is competent.

If the proceedings in which alimony was determined were not heard before the court but before the registry office, the local jurisdiction for the special enforcement of alimony is governed by the following principles:

enforcement must be filed in the court where the maintenance debtor resides; however, the creditor of maintenance may opt for the court of the place where the obligation is to be fulfilled if he resides in the metropolitan area of Lisbon or Porto and the debtor of maintenance resides in the same metropolitan area;
if the performance must be filed in the place of residence of the maintenance debtor who is not resident in Portugal but has property here, the competent court is the place where this property is located.

With regard to subject matter jurisdiction for the enforcement of alimony based on the secretary’s decision, the following rules apply:

The District Court, the Family, and Juvenile Courts have the authority to prepare and consider maintenance proceedings between spouses and ex-spouses, for children, and for adult and emancipated children. However, since, in this case, the relevant determination action was not heard in the family and children’s court but rather in the civil registry, the courts can decide that the district court, the enforcement court, is competent.
If there is no enforcement court, the local civil or general court has jurisdiction to enforce special maintenance.

Note:

The above rules on jurisdiction are subject to fluctuations in the interpretation of national courts.

As An Applicant, Do I Have To Go Through An Intermediary To Bring The Case To Court (e.g., A Lawyer, Central Or Local Authority, Etc.)? If Not, What Procedures Are Used?

As a rule, it is not necessary to appoint a lawyer for child support proceedings, with the exception of appeal proceedings. Adult or emancipated applicants (e.g., the guardian of a child) can appear in court themselves when the first instance proceedings are in progress. However, a lawyer must be appointed for the child if the child’s interests are in conflict with the interests of his parents, legal representative, or the person who is effectively entrusted with custody, and also if a sufficiently mature child asks the court to appoint one.

For other alimony proceedings, the general principles listed below apply.

It is necessary to appoint a lawyer: in matters that fall under the jurisdiction of the courts, that are subject to thresholds and in which an ordinary remedy is allowed; in cases where appeals are always allowed, regardless of value; in appeals and cases presented to higher courts.

Currently, in 2021, an ordinary remedy is only allowed when the value of the case exceeds the limit of the court from which the appeal is brought, and the contested decisions are unfavorable to the appellant by an amount also exceeding half of that court’s limit. In case of doubt as to the value of the loss borne by the losing party, only the value of the claim will be taken into account. This legal principle has various exceptions set out in it and in other special legal provisions. In 2021, at the time of revision of this information sheet, the court limits in civil cases are as follows: Court of Appeal (Tribunal da Relação) – €30,000.00; Court of First Instance (Tribunal de Primeira Instância) – €5,000.00.

Even in cases where it is mandatory to be represented by a lawyer, paralegals, legal representatives, and the parties themselves can submit motions in which no legal questions are raised.

Do I Have To Pay Fees To Bring A Case To Court? If So, How Many Are There Likely To Be? If My Funds Are Insufficient, Can I Get Legal Aid To Cover The Costs Of The Proceedings?

The answer to this question varies depending on whether the alimony proceeding takes place in court or in the civil registry and whether the parties are provided with legal aid or not. Costs are paid in court. Fees are paid at the registry office.

Costs Of Proceedings Within The Jurisdiction Of The Courts

Reimbursement of costs is regulated in the regulation on costs of proceedings

Costs include court fees, fees, and costs of the party. Article 529 of the Code of Civil Procedure

Exceptions

According to Article 4, paragraph 1, the letter i) and l) of the regulation on costs of proceedings.

Minors are exempt from costs if they are represented by a public prosecutor or a court-appointed lawyer in cases heard in court and are exempt from fees in cases heard at the registry office.

Minors or their legal guardians are also exempt from costs when appealing decisions regarding the application, modification, or termination of child support rendered in proceedings before the Juvenile Court. Juvenile court proceedings in which alimony may be awarded are usually child support and parental responsibility proceedings. These are unique, non-contentious proceedings.

According to Article 15 paragraph 1 letter f) regulation on costs of proceedings:

Participants in juvenile court proceedings are exempt from the initial payment of court fees, including those proceedings in which alimony is determined. In these cases, instead of paying the court fee at the outset, the party is required to pay the court fee within ten days of the judgment in the main proceedings. This is the case even if the judgment has not become final.

Except in the cases mentioned above, costs are generally payable. This does not apply only if the party receives legal aid and/or if the proceedings are covered by Chapter V of Council Regulation (EC) No. 4/2009 of December 18, 2009, which will be mentioned below.

Recovery Of Costs

In addition to the exceptions listed above, an initial court fee is payable for filing an action to determine child support. The initial court fee corresponds to the deposit of the final cost.

Costs include court fees, fees, and costs of the party.

Court Fee

In order to determine the amount of the court fee owed, it is necessary to know the value of the claim because, based on this amount, the court fee is calculated according to one of the tables attached to the regulation on the costs of proceedings.

The value of the claim for the purposes of using the above tables follows from Articles 296 to 310 of the Code of Civil Procedure.

For example:

the definitive alimony proceeding has a value equal to five times the annuity requested in the application, i.e., the value of this action corresponds to the sum of the requested monthly payment multiplied by sixty;
preliminary alimony proceedings have a value equal to the required monthly payment multiplied by twelve;
divorce proceedings and parental responsibility proceedings involving other intangible interests other than alimony are worth at least the appellate court limit plus one cent.