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Answers to key questions on child support, custody and communication

topic

 Child support for a minor

  • Do parents have a statutory obligation to support their minor child?

The Law imposes a common obligation on parents to provide for their minor child, each according to his or her financial capacity.

  • How is the issue of the child support regulated?

The issue is settled by the Court following the filing of an application. The determination of the amount of the child support shall be decided based on the number of children, their age and the normal living costs each child has, as well as the expenses and income of the custodian parent and the expenses and income of the parent liable for the child support. Usually, the parent with whom the minor child does not reside is liable for child support since the care of the child is the responsibility of the other parent.

  • Can the amount of child support ordered by the Court be increased?

The amount of child support awarded is automatically increased by 10% every 2 years. Furthermore, the parent who has to pay for the child’s support may file an application with the respective Family Court requesting either that the automatic increase of the amount of 10% is not applied or adjusted due to changes to the circumstances.

If such an application is filed, the obligation to pay any amount of increase is suspended and the Court must issue the relevant order within 3 months of the date of filing of the application.

  • Can the amount of child support be reduced?

The parent bound by the order of child support may, request a reduction of the amount awarded by the child support order if either his or her financial circumstances or the needs of the minor have changed.

  • When does the child support obligation cease and when is the support order terminated?

The support obligation ceases with the death of the debtor (the parent who pays the support) or the beneficiary.

Furthermore, the termination of the support order may occur in the event of a successful outcome of a paternity challenge suit or after the child has been adopted.

  • If the parent refuses or neglects to pay the amount of the child support due, what measures can be taken to force him or her to pay it?

The child support shall be collected in a manner similar to the procedures of collection of a penalty payment from the parent having the obligation to pay the monthly child support as ordered by the Court. The relevant procedure also provides for the issue of a commitment to prison under section 40 of Law 216/90.

  • If the parent obliged to pay child support is resident in another country, can the beneficiary collect the amounts due?

Yes, in this case the applicant/beneficiary may apply for assistance to the Central Authority of the Republic, i.e., the Ministry of Justice and Public Order of Cyprus.

Support for adult children

  • Is the adult child entitled to support?

When the child becomes an adult, i.e., 18 years of age according to the legislation in the Republic of Cyprus, the child support order ceases to apply. Under certain circumstances, however, the adult child may receive an amount as support from the parent after a relevant application is filed and an order is issued by the Court.

  • In which cases is support paid to an adult child?

In accordance with subsection (2) of section 33 of the Law 216/90, it is provided that “through a decision and relevant adjustment by the Court, the obligation of the parents to pay child support may continue after the child has become an adult, in cases where special circumstances demand that, such as in a case of incapacity or disability of the child, or while the child is undergoing military service in the National Guard or studying at an educational institution or a vocational school”.

The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Christiana Panayiotou, Associate, at Telephone: +357 26 930 800 or via email at: Christiana.Panayiotou@kyprianou.com