Case n. 2 – 3 (Increasing of
maintenance of the minor son)
A mother of minor children came to
the Municipal Authority of Jihlava, the Department of Social Affairs,
the Department of Social and Legal Protection of Children to ask for
help in solving the situation in which she got.
According to her notification, she
has been married twice. A minor child was born from the first marriage – a son, who was put in her custody. The minor boy attends 2nd
class of primary school today. His father is obliged to contribute to the
maintenance of the son with 1300 Czech crowns a month based on the judgment of the District Court in Jihlava ref P 384/2006-75 of 19th May 2006, which entered into force 3rd July 2006. The father does not contribute beyond the maintenance of his son by any
extra amount of money; he meets him irregularly – on average once or twice a month
throughout the weekend. Otherwise, he shows little interest – just as f.e.
congratulations to his birthday, Christmas.
From the mother's second marriage a 2.5-year-old child was born, who the mother
is currently on parental leave with. Her husband is 42 years old and
he was released from his job on 31st July 2012 (he had been employed by the last employer for 7 years). The family
has a permanent
residence in Luka nad Jihlavou, Nová 83.
Task:
Focus on the situation of mother’s older minor child. Tell the
mother what proposal she should
submit.
Key words and phrases to be solved:
-
The Municipal Authority of Jihlava (preferably local authority)
-
The Department of Social and Legal Protection of
Children
-
Married
for the second time
-
A
minor son was born from the first marriage
-
The
boy attends second grade of primary school
-
The
father is obligated to maintenance of the son by amount of 1,300 CZK per month
-
The
father does not contribute beyond the maintenance of his son by any extra amount of
money
-
From
the second marriage a 2.5-year-old child was born
-
The
mother is currently on parental leave
-
Her
husband is 42 years old
-
The family has a permanent
residence in Luka nad Jihlavou, Nová 83
Solution:
Increasing of maintenance of the minor son
Due to the fact that the minor's needs have increased significantly with entering primary school, the mother
should submit a proposal to increase
maintenance. The proposal should be submitted by the District Court in Jihlava in quadruplicate. One copy is intended
into the guardianship records of the
minor child and other to the participants
of proceedings – i.e. mother, father and minor child represented by a guardian, who is legally appointed by
the court. (Initiate guardianship proceedings)
Within the burden of proof mother and father are heard
and requested for reports on income of
the parents and relation to real estate; furthermore, the evidence on the costs, which are associated with the needs of the child (linked to education,
leisure and health status). After the burden of proofs proceeds, the court gives judgment. The maintenance of the minor child can be
increased with the retroaction of three
years – in this case, entering primary school is the determinative time
period. (proceeding course)
The judgment is given to all participants
who shall have the right to lodge an
appeal within 15 days since its delivery and can lodge an appeal through
the court that determined in the first level (i.e. the District Court). A
second level appeal will be determined be the Regional Court. The guardian will be
appointed again, and it newly decides in
re after the burden of proceeding. Against the above mentioned decisions of
the Regional Court
can no longer be appealed. (appeal
procedure)
Key words and phrases to be solved:
-
A
proposal to increase maintenance of a minor child
-
The
proposal is submitted to the District Court in quadruplicate
-
The
participants are mother, father and a minor child represented by a guardian
-
The
guardian of the minor child is appointed by the court
-
In
the frame of the burden of proceedings, the mother and father are heard by the
court
-
The
court will require a report on the income of the parents and the costs that are
associated with the needs of the child
-
After
the burden of proofs proceeds, the court gives its judgment
-
The
court can determine increasing of maintenance of the minor child with the
retroaction of three years
-
A
written copy of the judgment must be delivered personally to all participants
-
The
participants may lodge an appeal within 15 days from the judgment
-
The
appeal is submitted through the District Court
-
The
Regional Court
decides on the appeal
The case is based on the following legislation:
Material:
The Family Act (94/1963 Coll., As
amended)
The Law on Social and Legal
Protection of Children (359/1999 Coll., As amended)
Process:
Civil Procedure (99/1963 Coll., As
amended)
