The maintenance pension for the minor child is collected from the salary, but also from other incomes of the parents in the amount of 1/4 of the income for one child, 1/3 in the case of two children and 1/2 of the income in the case of 3 and more children.
Advertisement “Once the amount of the minor child’s maintenance pension has been established, it is obvious that it can either be increased or decreased. Both parents benefit from this right to bring the action, depending on the financial and family status of each of them”.
Author: NATALIA COSTAȘ, judge, Bălți Court
In cases where the parent does not have a stable income, the maintenance pension can be established in a fixed amount by the court. This amount emerges from the data of the National Bureau of Statistics, which refers to the subsistence minimum, including the cost of food products, but also other expenses.
“Parents have equal rights and obligations towards children, regardless of whether they are born in wedlock or out of wedlock, regardless of whether they live together or separately. The court will, in its decision, refer to the evidentiary support that is administered and presented in the file. On which he bases his conclusions and obviously it depends on the obligation of the plaintiff to present those relevant, conclusive and useful evidence that he considers necessary.”
Author: NATALIA COSTAȘ, judge, Bălți Court
Elena divorced her husband in 2015 and supports her three common minor children alone, even though the court ordered that the children’s father pay a monthly maintenance pension of 2,400 lei.
“He has never, from 2015 until today, paid anything. His debt is very high, almost 200,000 lei. I call him, but he doesn’t even try to give us a penny. I call him and tell him that children want to eat, to dress, in our times, and food, and clothes, and shoes are very expensive, and three children have to be raised somehow. The bailiff is not fulfilling his obligations at all,” said the single mother.
If the paying parent does not honor his obligation, then the second parent is entitled to appeal to the bailiffs. They say, however, that the law provides insufficient leverage to force the parent to pay.
“If we take it as a percentage, 30 percent of debtors pay on time, voluntarily, 30 percent are those who have some arrears, debts of up to a year, a year and a half, but how much they pay. And the rest are the debtors who lead a parasitic lifestyle. When the executor’s document arrives for execution, the executor notifies, informs, communicates the payment procedure, what awaits him in case he does not pay within the deadline.”
Author: OLEG ROMAH, bailiff
The maintenance pension payment procedure has no limitation period. Thus, the parent who avoids paying, hiding his income, perhaps while working abroad, will pay this money anyway upon returning to the country, even if the children have already reached the age of majority.
This material is produced by TV-Nord within the project “Streamlining communication in the judicial system” financed by USAID Moldova. The acquisition of this material on AGORA takes place within a collaborative partnership.
