Child Maintenance in Cyprus – Legal Framework and Method of Calculation

The legal regulation of child maintenance in Cyprus constitutes one of the most important pillars of family law. The purpose of the relevant provisions is not merely the payment of money, but the guaranteed satisfaction of the child’s needs, in harmony with the financial capacities of the parents and the standard of living before and after the dissolution or separation of the family.

The legal framework is primarily governed by the Parents and Children Relations Law (Law 216/1990), while the Cypriot Family Courts determine the amount and conditions of payment based on evidentiary material and principles established through decades of judicial practice.

1. Legal Basis of the Obligation to Maintain a Minor

General Legal Obligation

Under Article 33 of Law 216/1990, the obligation to maintain a minor child is joint and continuous for both parents and is determined according to each parent’s financial capacity, irrespective of the existence of marriage or cohabitation.

The same obligation may continue even after the child reaches adulthood where special circumstances exist, such as continuation of studies or compulsory military service.

Scope of Maintenance

Maintenance is not limited to basic subsistence expenses (food and clothing). It includes everything necessary for the child’s maintenance, upbringing, and education. This may include, among others:

• housing, heating, electricity, water,
• food and daily living needs,
• medical and dental care,
• educational expenses and extracurricular activities.

Where the obligated parent receives additional payments such as a 13th or 14th salary, the Court may take these into account when calculating the maintenance amount.

2. How the Maintenance Amount Is Determined

Proportionality Between Needs and Means

The majority of judicial decisions emphasise that the amount of maintenance is derived from two primary components:

• the needs of the child (actual and foreseeable),
• the financial capacity of the obligated parent.

In practice, the Cypriot Family Courts examine:

• the child’s standard of living and education prior to separation/divorce,
• the extent to which expenses are covered by the parent with whom the child resides,
• the income and assets of the obligated parent.

Practical Application: Examples from Case Law

In recent decisions involving equal shared custody (50/50 residence), the Court analysed that the father already covered daily expenses during the days the child was in his care and therefore did not impose an additional fixed amount for everyday expenses. However, proportional contribution to additional costs such as education was ordered, based on the respective incomes.

In another case involving an interim maintenance order, the Court examined bank deposits and previous payments in detail and adjusted the parent’s obligations to avoid overpayment prior to the final decision.

3. Procedure for Issuing a Maintenance Order

Application and Judicial Examination

To establish a maintenance obligation, the interested parent or their lawyer files an application before the Family Court of the district where the child resides.

The application must be accompanied by financial data and evidence of the child’s needs. The Court has authority to examine income, immovable and movable property, expenses, as well as deductions such as taxes and social insurance contributions.

Interim Orders

Before the final decision, an interim maintenance order may be issued to secure the child’s needs from the commencement of proceedings until their conclusion, since maintenance is an obligation, not a discretionary entitlement.

This reflects the principle that the maintenance of a minor must not be delayed while the main case is pending. It is particularly important in cases involving immediate expenses or imbalance in the parents’ financial capacity.

4. Modification and Automatic Adjustment

Change of Circumstances

The Court may vary the maintenance amount where substantial changes occur affecting either the child’s needs or the paying parent’s financial capacity.

Such changes may include:

• increase in cost of living or special expenses,
• changes in income or employment status,
• new educational or medical costs.

Automatic 10% Increase Every Two Years

The law provides that, unless otherwise ordered by the Court, the maintenance amount automatically increases by 10% every 24 months, provided the original order remains in force.

This mechanism aims to preserve the real value of maintenance in a changing cost-of-living environment.

5. Legal and Practical Implications

Enforcement and Non-Compliance

If the obligated parent fails to comply with a court order, legal enforcement measures are available. These may include attachment of earnings, seizure of funds from bank accounts, and other forms of compulsory execution.

International Consequences

Cyprus has ratified international conventions concerning the recognition and enforcement of maintenance orders abroad, rendering Cypriot maintenance decisions enforceable in other jurisdictions under specific conditions.

Conclusion

The regulation of child maintenance in Cyprus is founded on a balance between the child’s needs and the actual financial capacity of the parents. The calculation and issuance of maintenance orders require full and accurate evidentiary support, while judicial practice seeks to ensure that each decision serves the broader best interests of the child, rather than merely formal or numerical considerations.

Such an approach satisfies both the child’s needs and the fundamental principles of law and proportionality.

 Financial family law disputes require careful legal handling. Early advice can significantly affect the outcome.
The proper preparation of a maintenance application and the submission of complete evidentiary material from the outset are decisive both for the effective satisfaction of the child’s needs and for avoiding prolonged disputes and additional legal costs.