Changing maintenance

01When maintenance can be changed

Both an agreement and a court decision on maintenance can be changed if circumstances change (Section 78 of the Family Act – zákon o rodine, Act No. 36/2005 Coll.). The court always also takes into account changes in the cost of living. A change in circumstances may be, for example:

• the child's greater needs – starting school, after-school activities, medical expenses,
• a significant rise or fall in a parent's income,
• a change in care – the child moves to the other parent or switches to shared (alternating) custody,
• the child starts earning and is able to support themselves.

02From when the change applies

• maintenance can be awarded from the date the court proceedings began,
• for a minor child it can be awarded up to three years retrospectively, if there are reasons deserving special consideration (Section 77),
• a minor's maintenance can also be reduced or cancelled retrospectively, but maintenance that has already been used up is not returned (Section 78(2)).

The rule is therefore: if circumstances have changed, file your application straight away. Every month of waiting may mean a loss.

03Minor and adult children

Minor child: the court decides on maintenance in proceedings concerning the care of minors. It may change its decision even without an application if circumstances change. The proceedings are exempt from court fees.

Adult child: parents' maintenance obligation lasts until the child is able to support themselves – the law sets no fixed age limit. However, the court decides on an adult child's maintenance only upon application. A child who applies for maintenance to be determined or increased does not pay a court fee.

04How to proceed

1. Gather supporting documents – the child's expenses, proof of income, changes since the last decision.
2. Try to reach an agreement – an agreement on maintenance for a minor child is approved by the court; only an approved agreement is binding.
3. File an application with the court – the sooner the better, as maintenance is awarded from the date the proceedings began.
4. If you are the paying parent: please do not stop paying on your own initiative – until the court reduces or cancels the maintenance, the original amount still applies.

You will find how maintenance is calculated and what the minimum is on the page Child maintenance – calculation.

05When the other parent does not pay

Unpaid maintenance can be recovered through enforcement proceedings (exekúcia). If a parent does not pay and an application for enforcement has been filed, the child may be entitled to substitute maintenance from the state (Act No. 201/2008 Coll.) – in the amount of the maintenance set by the court, or the difference if the liable parent pays only part of it. The entitlement arises from the date the claim is submitted, so please submit it straight away. Further conditions include, for example, the child's permanent residence in Slovakia and attendance at compulsory schooling or pre-primary education.

06Frequently asked questions

When can I ask for maintenance to be increased?

When circumstances have changed – for example, the child's needs or the other parent's income have increased. The court also takes into account changes in the cost of living.

Can maintenance be increased retrospectively?

Maintenance is awarded from the date the court proceedings began. For a minor child it can be awarded up to three years retrospectively, if there are reasons deserving special consideration.

If maintenance is reduced, does what has already been paid have to be returned?

No. If the court reduces or cancels a minor child's maintenance for a past period, maintenance that has already been used up is not returned.

Up to what age is child maintenance paid?

The law sets no fixed age. Parents' maintenance obligation lasts until the child is able to support themselves – which often means also during studies after the child comes of age.

Is a court fee payable for an application to change maintenance?

Not for a minor child – the proceedings are exempt. An adult child who applies for maintenance to be determined or increased does not pay the fee either.