Lithuanian Constitution of the Republic of Lithuania and the Civil Code of the Republic of Lithuania provides for duty of parents to take care of their children and support them financially. In legal language the term “alimony” is substituted wiht the term “maintenance”.
Child maintenance is personal property (lot. intuitu personae) obligation of parents, therefore, it can not be transferred to other persons or refused to be implemented. If one of the parents does not perform his maintenance obligations, such behaviour can be qualified as grounds for restricting parental authority. The non-performance or inadequate performance of this duty can not be justified by bad financial situation, formation of other family relations, departure or other reasons.
The amount of maintenance (alimony) shall be proportionate to the needs of minor children and their parents’ financial situation, and provide the necessary conditions for the development of the child. In addition, both parents must provide maintenance (alimony) to their children regardless of whether the parents are married, divorced, living in marriage or separately (separation).
Maintenance (alimony) can be adjudged to:
- minor children under 18 years of age.
- adult children aged from 18 to 24 (if they are studying at full-time educational institutions, and are good students).
- one of the spouses (if maintenance is needed and if there is a possibility provide it).
- parents (adult children must provide maintenance to their incapacitated parents in need of support, and take care of them).
Maintenance (alimony) can be adjudged by the court as follows:
- periodic allowances paid every month;
- a specific amount of money;
- by adjudging certain assets.
Maintenance costs (alimony) indexing.
This is recalculation of periodic payments, determined at as a fixed amount (paid with money), in order to fully or partially compensate for the loss of revenues due to increase of consumer prices (protection against inflation).
If parents do not perform or improperly perform the valid court judgement with regard to adjudgement (payment) of child maintenance (alimony), and the bailiff approves (by submitting a statement) about the impossibility of recovery, you should appeal to the Children’s Maintenance Fund, which will provide maintenance for your child (children).
It is worth appealing to the court regarding the reduction or increase of the size of the adjudged maintenance (alimony), if following the court decision, whereby the maintenance (alimony) was adjudged, the financial being of the parties had changed substantially.
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