SAVINGS AS PART OF ALIMONY?
“In determining what will the court include in justified costs of childcare, a comparison of the standard of living of parents and a child will manifest the most. Items that are repeated monthly (food, mobile phone, etc.), as well as those repeating most of the months of the year (after-school care, tuition, school catering, spare time activity fees, etc.), need to be provided in specific amounts for a current month. Irregular payments (purchase of sports / medical equipment, school in nature, summer camps, etc.) are distributed over individual months by dividing the total payment for each cost item by 12 months and adding the amount corresponding to the monthly contribution to regular monthly costs, with collective family costs (accommodation, telecommunication services, etc.) counted towards the costs per child only in the amount corresponding to one member of the family. If current costs for several children of the same parents are being calculated, it is necessary to insist on strict separation of costs per each child so that in the future it will be possible to amend only part of the decision relating to one of the children (if necessary). Also, it is important to point out that determination of the alimony amount for consumer spending of the child is not without limits as under current legal circumstances it is not possible to award monthly alimony for the consumer spending in the amount higher than demonstrated costs per child, not even if financial circumstances of the parent allow it.”
The aforementioned is a quotation from the ruling (Constitutional Court Ref. No.: 730/2014-17) adopted at a closed session of the Constitutional Court of the Slovak Republic. Pursuant to Section 63(3) of the Family Act, if financial circumstances of the parent obliged allow it, making of savings may constitute justified needs of a child, too. In such case, when determining the alimony amount, the court also determines the portion of the alimony intended for creating savings and imposes an obligation on the parent obliged to pay this amount into a separate account of the minor. This account is opened for the benefit of the child by the parent who gained custody of the minor.
It follows from the above that the alimony amount for the consumer spending of the child is limited by actual and demonstrable needs of the child. Let's look at the following example: if the parent obliged made EUR 10 000 a month and the costs per child were only EUR 1 000, it would not be possible to impose an obligation on this parent to pay the alimony for the consumer spending of the child higher that these actually demonstrated and necessary costs. However, in this context, the provision of Section 63(4) of the Family Act may be applied and an obligation imposed on such parent to pay the alimony intended for the creating of savings, which is paid into a separate account. It is important to stress that the use of the funds is subject to control by the court, i.e. the court's approval is required for the use of the funds in the minor's account.