She has a daughter, she and her father are not married, and they set out to drive before she was born. The former partner was at the birth, he showed interest in his daughter, we spent all weekends together. He bought all the baby food and where msc sent pt tisc, he describes. Only before pr msci father pay grew. Don’t we have a written agreement on vi aliment, do you want to enforce it? pt is thin.

How can thin proceed to achieve vivnho?
First, he must file a petition for the right to a minor child in the district court, where he must live. In that case, he will demand that the court order the daughter into her custody and impose the obligation on the father to pay the minor daughter alive on the first day of the month before the mother’s hands. I have set the tax and the return for the period from which the father grew the payment. Under this proposal, he is exempt from paying court fees.

How is it determined in vivnho?
Depending on the needs of the child and the income, financial situation and abilities and abilities of the father. There is a table of the Ministry of Justice, which is only of a recommended nature, it is not binding for the courts, however, the courts usually do so. The court will, of course, take this into account whether my father has given me maintenance duties.

The father of the child takes 18 thousand months, also the established number of five thousand is probably unrealistic?
The court will assess the total assets of the father. I will give an example: Although my father spent only 18,000 msn, two rons are allowed on the tracks, going to restaurants and driving in new cars. Then it is especially clear that the father’s property is different and the court will proceed from it and not only from the officially reported income.

In the same way, the court will rely on the so-called potential income, ie if it is proven that the father had unjustifiably paid the better paid employee, it will be determined in the alive on his potential income, which could achieve If there is nothing like that, the property father answer thanks to 18 thousand and did not miss the better paid work, then a vivid five thousand for a child young five years I consider unreal. According to the fact that the court will be based on the same income of the father, who will therefore go less than 18 thousand.

Pavel Nastis

Pavel Nastis
  • He first graduated from the first faculties of Palack√Ĺ University in Olomouc.
  • In 2004, he passed the bar exam.
  • He specializes mainly in civil, business, foreign exchange, family and criminal law.

What if the father does not appear in court, he will decide without him?
If the father does not appear at one and does not resign for excusable reasons, one will take place, but it is assumed that the court will make one abstention after the father’s hearing. If the father does not appear in court again without a valid excuse, the court can have him presented or impose a horseshoe fine and up to 50,000 K. Wrong for the judge to choose the procedure.

What to do if the father does not pay even after the court decision?
If the father does not voluntarily comply with what the enforceable court order requires, the mother may file a petition for execution. The enforceable decision of the court on the maintenance is an executive title. So I can talk about the so-called surrogate vivn, which is the social court introduced since July last year.

If Natlie had to pay a child agreement to her father, would it be easy for her today?
Of course, you must have a written agreement that one of them will pay the other. But if she is obliged to give birth to a petition, then such an agreement is not an enforceable title and the legal parent will still have to apply to the court for a legal relationship against the minor child and only on the basis of an enforceable court decision will be able to enforce.

Do you have any advice for unmarried people?
What to advise unmarried? In general, what I think. And don’t do anything on purpose, they remember the good of their common child and they don’t take children hostage.