Child Support and Children's Expenses: Calculation and Increase

Child support is for the child. TMK m.327 places maintenance and education expenses on the parents; m.330 bases the amount on the child's needs, the parents' living conditions and ability to pay, also taking the child's income into account.

Child support is awarded by the judge ex officio, even where not requested. This follows from the principle of protection of the child.

The amount is set in light of the child's age, level of education, health, and customary standard of living; and the debtor's income, assets and obligations toward other children. Even a debtor with limited income may be ordered to contribute to the child's expenses.

Additional claims are possible for extraordinary expenses such as private tuition and health costs. After the child attains majority, child support does not continue automatically even if education continues; assistance maintenance may be claimed where the conditions are met (TMK m.328/2 and m.364).

Child support ordinarily ends at majority. If education continues, the adult child may seek support until its completion to the extent reasonably expected of the parents in the circumstances (TMK m.328/2). The existing child-support award does not automatically continue indefinitely. Assistance maintenance under TMK m.364 separately depends on the claimant otherwise falling into poverty.

An action for increase of support may be brought to adapt the amount to changing economic conditions. In such actions, the date of the previous decision, the child's growing needs, changes in the parties' income, and inflation indicators are all considered.

In family-law matters, the legal assessment is made by taking into account the fault of the parties, the best interest of the children, their economic circumstances, and the lawfulness of the evidence. Message records, witness statements, bank transactions, medical reports and police reports become effective only when submitted in proper form.

Claims for divorce, support, custody, compensation and division of matrimonial property may produce independent outcomes. The petition must therefore clearly set out which claim is based on which facts and which evidence.

In disputes concerning children, the court takes into account the child's physical, emotional, educational and social needs rather than the parties' assertions. Social-investigation reports, school arrangements, health condition and the parents' communication style play an important role in the court's assessment.