Alimony and reimbursement of certain costs to unmarried mother
There is often talk on the internet and in other media about child support, but little is said about the possibilities of alimony directly for the single (unmarried mother). Section 920 of the new Civil Code gives singke mothers two straight options for economic improvement in their situation. We will describe both options in more detail below.
Alimony for the unmarried mother is a claim for maintenance of a mother, who is not married to the father of the child (living with the partner without being married or after a breakdown of the relationship), so that even in such a case the mother is protected. The new Civil Code covers a situation where the mothers is married to the father of the child ie alimony between spouses, which we will cover in the next article.
If the mother is not married to the father of the child, the child's father will provide her with alimony for the period of 2 years after the birth of the child and will contribute to the appropriate extent to cover the costs associated with pregnancy and childbirth. The obligation to pay the costs associated with pregnancy and childbirth arises to a man whose paternity is likely, even if the child is not born alive. There are therefore two types of fulfilment:
- alimony for a period of two years after the birth of the child and
- a reasonable contrubution for the costs related to pregnancy and childbirth.
Alimony for the unmarried mother
An unmarried mother is entitled to alimony from the father of the child for herself for a period of two years from the date of the child's birth. When determining the amount of alimony, reasonable needs of the mother and her financial circumstances are taken into account, as well as the father's possibilities, abilities and financial circumstances. Alimony will be determined differently by court in the period of maternity leave and in the period of parental leave. Since during both of these periods the amount of allowance vary, so does the financial circumstances of the mother.
Costs associated with pregnancy and childbirth
Along with alimony, an unmarried mother is still entitled to adequate contribution to the costs of pregnancy and childbirth by the child´s father (more precisely those not covered by public health insurance). These costs may include medical care, medication, hospital stay, maternity wear, etc. These costs do not include basic clothes, baby carriages, etc., as these are to be paid from child support.
Already in the time of pregnancy, a proposal may be submitted to court for it to order the probable father to contribute to these costs and to relieve the mother of financial costs associated with pregnancy and childbirth.
Content of the proposal for determining the amount of alimony and the amount of contribution to cover the costs related to pregnancy and childbirth
The proposal must include the amount of alimony and allowance to cover the costs associated with pregnancy and childbirth, whether payment is required on a one-time basis or in installments and a proposed maturity. Evidence must also be provided by a doctor's report on pregnancy, documents proving the costs already incurred in connection with pregnancy and childbirth, and evidence supporting the fact that the defendant is probably the father of the child. The court examines the circumstances of the father and if the father's financial circumstances do not allow for a one-time payment of alimony and a cost allowance, the court decides only for partial reimbursement.
Advanced payment of alimony and reimbursement of costs related to pregnancy and childbirth advance
The court may, based on a proposal from a pregnant woman, decide that a male, whose paternity is likely, provides advanced payment of alimony and reimbursement of costs associated with pregnancy and childbirth. Such a proposal must be submitted to court no later than the date of childbirth.
The court may also, based on a proposal from a pregnant woman, decide that a male, whose paternity is likely, to provide in advance the financial amount necessary to secure the child's alimony for a period in which the woman would be entitled to maternity leave as an employee under another legislation.
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