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Estonia · Law · SE

474

The Act on Amendments to the Family Law and Amendments to Other Acts Related to It

avaldatud riigiteatajasEstonia· Riigikogu· ET

Introduced

21 October 2021

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AVALDATUD_RIIGITEATAJAS

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Source updated

8 December 2021

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Summary

The bill creates a procedure for determining alimony for a minor child that meets the Estonian standard of living and is flexible. The bill establishes new criteria that must be taken into account when determining the amount of maintenance. According to the bill, the amount of maintenance is based on the real needs of the child, the possibilities of the obligee and the amount of time he spends with the child, the number of children entitled to maintenance and the child support paid to the family and a family with many children taking into account the support. The bill replaces the current minimum maintenance amount, which is half of the minimum monthly salary established by the government, with fairer and more flexible maintenance calculation bases. In 2021, the amount of minimum maintenance is 292 euros per month per child. The explanatory letter states that the current minimum alimony no longer fulfills a simplifying function in court proceedings and may not protect the interests of the child receiving alimony. Livelihood so far the minimum wage rate used in the determination is too high for most of the obliged persons. It does not reflect the actual expenses for the child, the number of children receiving maintenance, the property status of the obligated person, or the amount of time he spends with the child. Due to the rapid increase in the minimum wage, many parents who are obligated to pay child support have inadvertently ended up in debtor status, as paying the minimum child support is beyond their means. The same for this reason, the reduction of the originally planned subsistence allowance below the minimum is becoming more and more frequent. As a result of the above, the settlement of maintenance disputes in court has become complicated, often resulting in large legal aid costs and time consumption for the parties.

Machine translation from Estonian. The official text remains authoritative.

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