The legal obligation of maintenance can be defined as the legal duty to provide means of subsistence, existing between categories of persons determined by law, under the conditions established by law. The regulation of the maintenance obligation is found in Articles 513-534 of the Civil Code. The maintenance obligation has a complex content, in the sense that it refers both to providing the necessities of life and to satisfying other needs, such as housing, health care, and spiritual needs. With regard to the maintenance of minor children, according to Article 499(1) of the Civil Code, the father and mother are jointly and severally obliged to provide maintenance for their minor children, ensuring their livelihood, as well as their education, schooling, and professional training. In maintenance cases, the problem is as follows: on paper, the parent "has no income" or has a modest income; in reality, they work, earn money, and spend it.
In alimony cases, the problem is as follows: on paper, the parent has "no income" or a modest income; in reality, they work, earn money, spend money, and live their life at a level that bears no resemblance to their tax returns. In such situations, the aim is not to "catch" an exact amount, but to demonstrate to the court, through useful evidence, the actual ability to pay.
First of all, it must be said plainly: child support is not a favor, but a legal obligation. Article 499 of the Civil Code establishes the obligation of parents to support their minor children. And the calculation criterion is not "what the pay slip says," but the double benchmark in Article 525 of the Civil Code: support is determined in relation to the needs of the entitled party and the means of the obligated party.
1. What the court looks at: the child's needs and the parent's actual means
"The child's needs" does not mean luxury, but neither does it mean the bare minimum. In practice, this includes natural expenses for food, clothing, hygiene, school (supplies, textbooks, transportation), health, age-appropriate activities, as well as housing (a reasonable portion of utilities/maintenance). It is useful to clearly show these needs: with a realistic monthly list and supporting documents (bills, receipts, certificates, school/medical records). Not for "effect," but because the court works with figures and evidence.
"The parent's means" are the sensitive part when concealment occurs. This is where the rule of legal common sense comes in: if someone has constant and visible expenses (installments, leasing, high rent, cars, vacations, transfers), the court is not obliged to believe that they live on nothing. We are not talking about assumptions, but about clues which, when put together and proven, outline the economic reality.
2. Key points in the Civil Code (and what happens when the "official" income is artificial)
Article 529 of the Civil Code is the text we inevitably arrive at: maintenance is determined in proportion to the debtor's means and the child's needs; and the amount can reach, as a guideline, up to:
- one quarter of net income for one child,
- one third for two children,
- one half for three or more children.
In very few cases, the issue of maintenance is clear. In cases involving concealed income, the problem is that the debtor parent tries to artificially lower the basis for calculation. Therefore, in such cases, the emphasis is on proving the actual means, which is the main battle after the separation of the parents, not necessarily former spouses.
3. How can concealment be proven, especially when one of the parents works abroad?
Depending on the situation, the following may be relevant: documents relating to employment (contracts, employment history, periods of employment); elements related to the company (status as partner/director, dividends, relevant contracts); property and use (real estate, rents, goods); relevant financial transactions or operations, when required and administered under the law; instalments/leasing/loans – because a loan paid monthly says something about the ability to pay; questioning and, sometimes, witnesses (but only if they bring something concrete, not "opinions").
Important: you do not need to prove your "exact income down to the last penny." In practice, it is sufficient to prove that the declared income does not reflect your actual capacity, and the court can construct a fair solution in accordance with Articles 525 and 529 of the Civil Code.
4. If new information comes to light in the meantime, the pension can be increased
Many parents believe that once the pension is set, it remains the same for years. This is not the case. Article 531 of the Civil Code allows for the modification of the obligation when circumstances change: the child's needs increase or the parent's actual means increase (or are proven). In practice, if evidence subsequently emerges that the debtor earns more than they claimed, an adjustment may be requested.
Conclusion
In cases where income is concealed, the battle is very close. The role of the lawyer is to transform the economic reality into a coherent body of evidence so that the court can see beyond appearances.