The obligation of parents to cover their child’s needs is a fundamental principle of family law. Child support is not a punitive measure but a legally established duty aimed at ensuring the child’s development and well-being. In practice, calculating child support can be complex, as multiple factors must be considered: the child’s needs, the parents’ income, the standard of living before separation, and each parent’s ability to contribute.
Child support may be determined through a mutual agreement, through interim measures, or by filing a main child support claim when the parents cannot reach an agreement. The overarching goal is always to ensure stability, security, and full coverage of the child’s actual needs.
Child Support Rights of a Minor – How the Amount Is Determined & Parents’ Obligations
Under Articles 1389, 1390, 1484, 1485, 1486(2), 1487, 1489(2) and 1493 of the Greek Civil Code, every minor — regardless of whether born within or outside marriage, provided that paternity has been legally established — has the right to receive support from both parents. This right exists even when the child has property of their own, as long as the income derived from that property is not sufficient to cover their needs.
Parents are obliged to contribute jointly to their child’s support, each according to their financial capacity, abilities, and available means. The law places particular emphasis on proportional contribution, as it is not required that both parents cover the same amount, but that each contributes in accordance with their actual financial situation.
How the Amount of Child Support Is Determined
The monthly amount is defined based on the child’s needs, as shaped by the circumstances of their life. It is not required to itemise each expense (e.g., clothing, food, school, activities). Instead, the law focuses on the overall amount necessary to cover the child’s total living needs.
These needs are assessed based on factors such as:
- the child’s age
- place of residence and local cost of living
- need for supervision, education, and recreational activities
- health condition
- any special or exceptional needs
The law does not protect excessive or unreasonable claims; support must cover actual, reasonable, and necessary expenses.
How the Parents’ Financial Situation Is Assessed
To correctly determine the level of support, the following are examined:
- Income from all sources
(salary, business activity, rental income, pensions, etc.) - If these are insufficient, then:
- the value of each parent’s property (real estate, savings, investments)
- the potential to utilise such property
Once each parent’s financial capacity is established, the child support amount is set so the child maintains the standard of living they had before the parents’ separation, or one corresponding to the family’s financial possibilities.
The aim is to safeguard the child’s well-being, not to penalise the economic differences between the parents.
What Expenses Does Child Support Cover?
The law provides that child support covers all of the child’s needs, extending far beyond food. It includes:
- Basic needs
- Food
- Clothing & footwear
- Hygiene & personal care
- Housing
- Rent or a share of household operating costs (heating, electricity, water)
- Furniture, bedding, room equipment
- Education
- School expenses
- Tutoring / private lessons
- Foreign languages
- School supplies, transport, activities
- Health
- Medical visits
- Dental care
- Medication
- Therapies (e.g., speech therapy, occupational therapy)
- Recreation & social life
- Sports activities
- Hobbies, music, excursions
- Gifts and social obligations
- Special needs
For children with disabilities or chronic conditions, support includes additional costs (therapies, specialised equipment).
Child support is always adjusted to the pre-separation standard of living to prevent abrupt deterioration in the child’s quality of life.
Child Support as In-Kind Contribution
The obligation to provide child support is typically a monetary one. However, many forms of daily care provided by the parent with whom the child resides are legally considered in-kind contributions equivalent to monetary support, as they cover real needs.
In-kind contributions recognised as child support:
- Contribution to household operation
(e.g., meal preparation, cleaning, daily care) - Providing housing to the child
- Hands-on involvement in upbringing and supervision
Because the child resides with one parent, that parent bears ongoing costs such as:
- rent or mortgage payments
- utilities
- groceries & household necessities
- personal care and supervision
All of these are considered real contributions to support, even though they are not paid as cash.
When You Do Not Need to Refer to the Other Parent’s Finances
In a child support lawsuit, it is not mandatory to provide a detailed account of the financial situation of the parent who is not being sued (usually the custodial parent).
This is because:
- The court does not examine that parent’s finances on its own initiative.
- Their financial capacity becomes relevant only if the defendant raises an objection seeking a reduction of their own share.
Thus, the parent being sued may claim:
- the other parent has the means to contribute,
- so their own obligation should be reduced,
- ensuring fair allocation according to both parents’ financial abilities.
The Defendant’s Objection – How Child Support Can Be Reduced
If the minor files a claim against only one parent, the defendant may argue that:
- the other parent has significant financial ability,
- the defendant’s obligations are substantial,
- and distribution should reflect both parents’ relative capacities.
If the objection is proven, the court:
- reduces the defendant’s obligation,
- allocates the full support amount between both parents,
- and defines each parent’s fair financial participation.
There is no strict mathematical formula. The court or the parents’ agreement evaluates specific criteria.
Key Factors in Calculating Child Support
- The child’s actual needs
Amounts vary by age, level of education, lifestyle, and circumstances.
- Each parent’s income and financial capacity
The court assesses:
- salaries
- business income
- real estate
- lifestyle indicators
- debts & expenses
Real economic capacity, not just declared income, is considered.
- Child’s residence schedule
The more days the child spends with one parent, the more that parent covers daily costs.
In alternating-residence arrangements, support may be adjusted differently.
- Standard of living before separation
The law protects the child from abrupt lifestyle decline.
For instance, attending a private school before the separation is treated as an essential need.
- Contribution of the custodial parent
Daily caregiving and supervision are assessed as part of that parent’s contribution, often resulting in a greater financial burden on the non-custodial parent.
Examples of Calculation
Example 1:
Child’s needs: €800/month
Mother’s income: €1,000
Father’s income: €2,000
Father contributes approx. ⅔ = €530
Mother covers the remaining share through daily care and expenses.
Example 2 (alternating residence):
Child’s needs: €1,000
Parents’ income: equivalent
Child support may be set at zero, with shared responsibility for health, school, and activity expenses.
When Can Child Support Be Modified?
Child support may change when:
- the child’s needs increase
- a parent’s income rises or falls significantly
- health issues arise
- the residence schedule changes
Modification occurs through a new agreement or court process.
Frequently Asked Questions (FAQ)
- Until when is child support paid?
Until adulthood and, if the child studies or cannot support themselves, until financial independence. - Can child support be terminated?
Yes, if the child works, has their own income, or the paying parent proves inability. - What happens if a parent does not pay?
Funds, salary, or property may be seized. Child support is legally enforceable. - Is a new child from a later marriage considered?
Yes, it may affect disposable income, but it does not eliminate the obligation to the first child. - Does child support cover extraordinary expenses?
Not always. These are usually shared additionally, depending on the agreement or court decision.
This article is for informational purposes only and does not constitute legal advice. Each case requires individualized legal assessment based on its specific facts and applicable legal framework. For specialized legal guidance, please contact our law firm.
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