conférence de la haye de droit international privé - HCCH

CROATIA
Maintenance decisions in Croatia are made in the form of a court decision. Exceptions are
cases involving child support in which an agreement may be reached in respect of support
(amount or increased amount) between the parents of an underage child or between the
parent and a full-age child. Such an agreement, according to the Family Act, is signed at a
social welfare centre which in turn is responsible to make sure that the agreement is in the
child’s best interest.
Maintenance is ruled in monthly payments to be made in advance for every month from the
day of submittal of the maintenance claim.
In case of non-compliance with court-ruled maintenance obligations, a distress procedure may
be initiated to ensure collection of the outstanding amount or an agreement.
Under the Distress Act, maintenance money can be deducted on a compulsory basis from the
salary or other income, chattels or real estate of the maintenance debtor.
CYPRUS
The Law does not specify. In practice, however, maintenance takes the form of periodical
payments, though, in special circumstances, provided that all the parties concerned consent, a
lump sum or a similar order may be made to satisfy a maintenance obligation.
CZECH REPUBLIC
Maintenance decisions concerning obligations toward child, spouse or parent are issued by
Czech courts as judgments. In the judgment, the court specifies regular alimony payments
and/or in what manner the due alimony debt is to be paid (by one-time amount paid or in
several installments at due dates stipulated by the court). Parents may agree on the alimony
for a minor child. The parents‘ written agreement is examined by the court in respect to its
being in compliance with minor child‘s interest and needs and shall be approved by the same;
the court approval is released as a judgment. The court judgment regarding the maintenance
obligation satisfaction by means of a one-time amount settlement or property transfer is not
governed by Czech Laws. Only spouses being parties of divorce proceedings may, pursuant to
Family Act #94/1963 Coll. Sec. 94 para 2 in its current version, enter into a written agreement
concerning a one-time maintenance settlement in an agreed amount once forever.
DENMARK
Maintenance decisions according to Danish law are confined to periodic payments of money.
However, the maintenance debtor may satisfy a maintenance obligation by voluntarily paying a
sum of money that covers his or her obligations.
ESTONIA
In all the cases when a person fails to perform his/her legal maintenance obligation in respect
of a family member, support may be ordered from him/her by a court decision. This applies
both in case of maintenance owed to (a) a child (b) a spouse and to other family member
entitled to support.
The law stipulates the payment of maintenance support under periodic intervals, i.e. monthly
payment of maintenance support (the modalities thereof, such as lump sum paments or transfer
of objects of property are possibly applicable as measures of securing an action).
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