How Much Is the Minimum Child Maintenance?

What is Child Maintenance?

Child maintenance is the financial obligation that parents have towards their minor child to ensure their basic needs are met. Its purpose is to provide adequate living and development conditions for the child, covering expenses such as food, clothing, healthcare, education, and other essential needs. The Family Code specifies that both parents are obligated to provide maintenance for their children, regardless of whether they are married, divorced, or living separately. When one parent does not live with the child or is not actively involved in their care, they are required to provide monthly maintenance to financially support the other parent’s responsibilities.

How is the Amount of Maintenance Determined? The amount of maintenance can be determined in several ways:

1. By mutual agreement between the parents – The parents can agree on the amount of maintenance if they can reach an agreement that meets the needs of the child.  
2. By court order – If the parents cannot agree, the court will decide the amount of maintenance. The court considers the parents' income and property, the child’s needs, their health, and other specific circumstances. The court aims to ensure that the minimum necessary maintenance is provided to meet the child’s basic needs while not overburdening the paying parent. The minimum child maintenance in Bulgaria is 1/4 of the national minimum wage. However, the court may determine a higher amount if the child’s needs or the parents' financial circumstances require it.

How is Maintenance Paid? Maintenance is usually paid monthly via bank transfer or another method agreed upon by the parents or specified by the court. If payment is delayed or refused, the parent caring for the child can seek the assistance of a bailiff to collect the amount. There are also options for intervention by social services, as well as administrative and criminal penalties for parents who consistently fail to fulfill their obligations.

Can the Minimum Maintenance Be Changed? The minimum maintenance amount is updated in line with changes to the national minimum wage. If the minimum wage increases, the child maintenance amount automatically increases. Additionally, if a parent or guardian believes that the child’s needs have grown, they can request a court review of the maintenance amount.

What Are the Legal Consequences of Failing to Pay Maintenance? Failure to pay maintenance can lead to serious legal consequences. A parent who fails to pay maintenance risks:

• Being sued by the other parent.
• Facing sanctions by a bailiff.
• Facing criminal charges if they intentionally and persistently avoid their obligation.

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