Child support, or alimony, represents the legal obligation of parents and/or legal guardians to contribute financially to the upbringing and development of their minor children following divorce or the end of a common-law marriage. In today’s article, we provide answers to the most frequent questions related to child support in BiH.
1. How is child support regulated in BiH?
The obligation to support a child is regulated by the Family Laws of the Federation of Bosnia and Herzegovina and the Republic of Srpska. According to these Laws, child support is determined by an agreement or a joint proposal of the partners, provided that the court deems it to be in the best interest of the child. Should it not be, the court will be the one determining child support.
2. How is the amount of child support determined?
Determining the amount of child support is a complex process during which the court will consider several factors. Additionally, the Centre for Social Work may be involved.
Income and Obligations of Partners
The court examines the overall financial situation and material status of both partners, including needs, regular earnings, property and other income sources. Moreover, it considers any potential legally mandated financial obligations the spouses may have.
Specifically, according to Article 235 of the Family Law of FBiH and Article 285 of the Family Law of RS, the court examines the payee’s financial and health status, work capacity, employment opportunities and other relevant circumstances. On the other hand, the payer’s income and actual earning ability, personal needs and legal obligations are taken into account.
Needs of the Child
The child’s needs play a crucial role in determining the amount of child support. These primarily include education costs, healthcare, food, clothing and extracurricular activities. Additional necessary costs, like special medical treatment for the child, can also affect the ultimate amount.
Standard of Living Before Divorce
The court tries to maintain a similar standard of living for the child as before the divorce.
Number of Children a Parent Supports
If a parent/guardian has the obligation to support more than one child, this is naturally taken into consideration when determining the amount.
Average Amounts
The child support amount is usually calculated as a percentage of the payer’s income or a percentage of the average net salary in FBiH and RS, most commonly around 15%. However, the court may set a different fixed amount if it’s more appropriate for the given situation.
In specific figures, the average amount typically ranges between 150 and 300 BAM.
3. Who is entitled to child support?
Primarily, minor children are entitled to child support. However, in certain circumstances, this right can extend to children who have reached adulthood.
According to Article 216 of the Family Law of FBiH and Article 266 of the Family Law of RS, parents and guardians are also obligated to support adult children enrolled in regular schooling. This obligation stops when the adult child reaches 26 years of age.
The same Articles state that adult children who cannot work or lack sufficient means for living due to physical, psychological or health reasons are entitled to support. As long as this incapacity lasts, so does the child maintenance obligation.
In special cases, the court may impose extended child support beyond these limits if it deems it in the child’s best interest.
4. How is child support paid?
There are several ways to pay child support. Typically, the paying party makes monthly deposits to the bank account of the parent the child is living with.
Alimony may also be expressed as a direct settlement of certain costs, such as school fees.
Moreover, in some cases it may be collected through a combination of monthly payments and direct cost coverage.
It is important to note that the payment method may be specified in a court decision or an agreement between the former spouses.
5. What if a parent does not pay child support?
Failure to pay child support is a serious violation that can lead to various legal consequences:
- The court may order compulsory collection by seizing assets or part of the debtor’s salary.
- Monetary fines may be imposed for continuous non-payment.
- In severe cases, especially in instances of prolonged and deliberate evasion, the court may impose imprisonment.
- As a measure to force compliance with financial obligations towards the child, the court may confiscate personal documents or prohibit travel document issuance.
- Long-term child support evasion may be treated as a criminal offense, so the debtor can also be prosecuted.
Despite the seriousness of this offense, non-payment of child support is widespread in Bosnia and Herzegovina, with only about 10% of payers regularly fulfilling their obligations. Unfortunately, penalties and sanctions are rarely enforced.
One major reason for this is the absence of a government child support fund, which would function as a safeguarding measure and enforce unfulfilled obligations.
If you are facing the issue of non-payment, contact us. Our team is here to help you exercise your rights and protect your children.
6. Can the amount of child support change?
The child support amount is not fixed and may change in the event of significant changes to the child’s needs or the life circumstances of the parent who is under alimony obligation.
An increase in the child support amount may be brought about by circumstances that cause a necessary increase in living expenses. For example, this could be illness or disability of the child, requiring additional financial resources for healthcare.
Furthermore, child support may increase if the payee loses their job or the capability to earn sufficient income due to health issues. Additionally, if the payer experiences a significant income increase, this may also lead to a higher child maintenance amount.
Conversely, the amount may be decreased if the payer enters into a new marriage and gets children. Besides, an alimony reduction might occur due to job loss, severe deterioration of the payer’s health, or other extreme life circumstances.
Both the payer and the recipient of child support can request a change in the amount from the court. The court will reassess all relevant factors and make a decision regarding the new amount.
7. What about child support for children born out of wedlock?
The rights and obligations regarding child support apply equally to children born in marriage and those born out of wedlock. The mother of a child born out of wedlock has the right to initiate court proceedings to determine child support if there is no agreement with the child’s father.
In such cases, establishing paternity is a prerequisite for determining child support. Paternity can be established voluntarily by the father’s acknowledgment or through court-ordered DNA testing.
How is child support paid when the payer lives abroad?
Child support payments can be collected even when the paying spouse resides in another country. Bosnia and Herzegovina has international agreements in place that facilitate cross-border support payments.
8. Is child support related to child benefits?
Child support and child benefits are two separate forms of financial support. As established in this article, child support is the amount a non-custodial parent/guardian regularly pays to contribute towards the child’s upbringing and daily needs.
On the other hand, child benefits are provided by the state to assist families in meeting the child’s basic needs.
Therefore, child support, an individual agreement between the ex-spouses, does not count towards child benefits. The state allocates child benefits independently of the child support amount, with certain criteria for eligibility.
9. Until when is child support paid?
As previously established, child support is paid until the child reaches adulthood or until the age of 26 if they are enrolled in regular education. Inability to support oneself or special needs due to health or other reasons can also extend the obligation to pay child support.
If you are paying or receiving child support and you are uncertain about the regulations applicable to your specific situation, it is best to consult with our family law experts. This ensures that you fully understand your rights and obligations.
10. Conclusion
Child support in Bosnia and Herzegovina constitutes a significant right and obligation of parents/legal guardians towards their children. This guide has provided an overview of the common questions related to determining, paying and altering child support, as well as the consequences of non-payment.
However, each individual case may have its specificities, and in more complex situations, consulting legal or social work experts is recommended. This is the best way to find an optimal solution that is in accordance with both the law and child’s best interests.
