One of the most frequent questions asked by the beneficiaries of the organization "Comrat Legal Clinic" is "How to collect alimony for the maintenance of minor children? 

The answer to this question is given by the Family Code of the Republic of Moldova, according to which parents are obliged to support their minor children.

The order and method of payment of child support is determined by the agreement between the parents. That is, parents, simply, can agree on how and in what amount alimony will be paid.

If there is no such agreement (parents cannot, or do not want to agree) and parents do not participate in supporting children (do not support financially, do not want to bear any expenses for children), maintenance is recovered in court at the request of one of the parents, the child's guardian or the territorial guardianship authority. 

Alimony for minor children (i.e., up to the age of 18) is recovered from the parents in the following amounts:

for one child - one quarter of earnings and/or other income, 

For two children, one third of their earnings and/or other income, 

for three or more children - half of the earnings and/or other income.

The amount of the above shares may be reduced or increased by the court, taking into account the parents' financial and marital status and other noteworthy circumstances.

In this case, we are talking about a parent who is employed and receives a monthly salary. However, there are cases where the parent is not employed and has no permanent income. In this case, the following provisions of the Family Code of the RM apply:

If the person obliged to pay child support has irregular or variable earnings or other income, receives earnings and/or other income fully or partially in kind, if he has no earnings and/or other income, as well as if the recovery of child support in proportion to earnings and/or other income is impossible, difficult, or significantly violates the interests of one party, the court may determine the amount of child support to be recovered monthly, in a fixed amount of money.

 The amount of a fixed amount of money shall be determined by the court on the basis of financial and marital status of the parties, as well as taking into account other circumstances worthy of attention. At the same time, if there is such a possibility, the previous level of material security of the child is preserved.

This information was prepared within the project "Protection of the rights of vulnerable and marginalized persons living in ATU Gagauzia". The project is implemented by the public association "Legal Clinic Comrat", as a beneficiary organization in the UNDP project in Moldova "Improving efficiency and access to justice in Moldova", implemented in partnership with the Institute for Penal Reform with financial support from Sweden.