Tuesday 15 October 2013

Case n. 2 – 3 (Increasing of maintenance of the minor son)



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)

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