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Because of the generosity of attorneys from around the world, this section is possible. When you view the country you are interested in, please remember to contact the attorney listed if you need legal help, or if you just want to send them a "thank you" for their kindness. It is because of them that we have a better understanding of how different countries treat child support matters.



Slovak Republic



Syquia Law Firm

Support is defined under the Family Code of the Philippines (1988) as follows:  

Art. 194. Support comprises everything indispensable for sustenance, dwelling, 
clothing, medical attendance, education and transportation in keeping with the 
financial capacity of the family.  

The education of the person entitled to be supported referred to in the preceding 
paragraph shall include his schooling or training for some profession, trade or 
vocation, even beyond the age of majority.  Transportation shall include expenses 
in going to and from school, or to and from place of work.  

As enunciated in the Family Code, support is an obligation that arises from family 
relationship and enumerates those entitled to be supported as follows:  

Art. 195. Subject to the provisions of the succeeding articles, the following are 
obliged to support each other to the whole extent set forth in the preceding article:  

(1) The spouses; 
(2) Legitimate ascendants and descendants; 
(3) Parents and their legitimate children and the legitimate and illegitimate children 
    of the latter;  
(4) Parents and their illegitimate children and the legitimate and illegitimate children
    of the latter; and 
(5) Legitimate brothers and sisters, whether of full or half-blood.  

The properties liable for the support of children are as follows:  

1. The support for the common children of both spouses shall be taken from the absolute 
   community or conjugal property.  

2. Likewise, the support for the children of a spouse by a previous marriage shall be 
   taken from the absolute community or conjugal property.  

3. The support for the illegitimate children of either spouse will depend upon their 
   property relations, to wit:  

3.1. Under the systems of absolute community- The separate property of the parent-spouse, but if the same is insufficient or there is 
   no such property, the absolute community property is liable, but the support is 
   considered as advances on the share of the parent to be paid by him to the community 
   at the time of liquidation.  

3.2. Under the system of conjugal partnership - The separate property of the 
   parent-spouse, but if the same is insufficient or there is no such property, the 
   conjugal partnership property is liable if financially capable (i.e., if all the 
   legal obligations of the conjugal partnership have been covered or can be covered), 
   but the support paid to the child shall be deducted from the share of the parent-
   spouse at the time of the liquidation of the partnership.  

During the proceedings for legal separation, annulment of marriage or declaration of 
nullity of marriage, child support pendente lite shall be taken from the absolute 
community property or conjugal property.  

The amount of support shall be in proportion to the  

a) Resources or means of the giver; and, 
b) To the necessities of the recipient.  

Support can be reduced or increased proportionately, according to the reduction or 
increase of the necessities of recipient and the resources or means of the person 
obliged to furnish the same.  

Therefore, an order for support is consequently subject to modification and never final. 
A petition for support is never terminated.  

The obligation to give support shall be demandable from the time the person who has a 
right to receive the same needs it for maintenance, but it shall not be paid except from 
the date of judicial or extrajudicial demand.  

The right to receive support and any money or property obtained as such support are not 
subject to attachment or execution by creditors because they are essential to the life 
of the person entitled to support. But support in arrears is not exempt from the 
attachment or execution as the reason for such exemption no longer exists.  

Provisional Remedy for an Action for Support 
Pendente Lite  

A verified application for support pendente lite may be filed by any party stating the 
grounds for the claim and the financial conditions of both parties, and accompanied by 
affidavits, depositions or other authentic documents in support thereof.  

A copy of the application and all supporting documents shall be served upon the adverse .
party, who shall have five (5) days to comment thereon.  

After the comment is filed, the application shall be set for hearing not more than three 
(3) days thereafter.  

After hearing, the court shall provisionally make an order as justice and equity may 
require. If the application is granted, the court shall fix the amount of money to be 
provisionally paid taking into account the necessities of the applicant and the resources 
or means of the adverse party, and the terms of payment or mode for providing the support.

If the adverse party fails to comply with an order granting support pendent lite, the 
court shall issue an order of execution against him, without prejudice to his liability 
for contempt. (Rule 61, Rules of Court.)  

Effect of Foreign Judgments or Final Orders  

The effect of a judgment or final order of a tribunal of a foreign country, having 
jurisdiction to render the judgment or final order, is as follows:  

(a) In case of a judgment or final order upon a specific thing, the judgment or final 
    order is conclusive upon the title of the thing; and  

(b) In case of a judgment or final order against a person, the judgment or final order 
    is presumptive evidence of a right as between the parties and their successors in 
    interest by a subsequent title.  

In either case, the judgment or final order may be repelled by evidence of a want of 
jurisdiction, want of notice to the party, collusion, fraud, or clear mistakes of law 
or fact. (Section 48, Rule 39, Rules of Court.) 

If you have a case which you would like to persue in the Philippines, please 
contact Attorney Tankeh-Asuncion at

SCOTLAND - Written by Karen Bruce Lockhart, Partner, Brodies, W. S. 


Since 5th April 1993 Child Support in Scotland has been dealt with by a Government 
Agency called the Child Support Agency (the "CSA").  It has not been a success as the 
criteria used are far too complicated to the extent that in order to work out the 
figures properly it is, for instance, necessary to know such details as the capital 
and interest elements of mortgage repayments for both parents.  The CSA does not have 
the staff to deal with the volume of work.  The result has been that the CSA is 
completely swamped and unable to cope. It is not unknown for some assessments to take 
over five years to be carried out.  In the meantime, the parent who could have previously 
applied to the Court for an award of maintenance has no other means of obtaining any 
Child Support from the non paying parent.

It is the Government's intent to reform and simplify the criteria very shortly.  It is 
however a difficult task to try and find a formula for calculating maintenance which 
is both easy to process and fair to both parents.

However, at present any application for child support where both parents are resident 
within the United Kingdom must be made to the Child Support Agency.   It is not 
possible to make any binding agreement to avoid the right of either party to apply to 
the Agency, although clearly agreements can be made which make it unwise.   There is a 
ceiling on the payments by any one parent of Ł123.65 per week.   Above this sum it is 
possible to apply to the courts for "top up" in special circumstances, for instance 
school fees: a parent can still apply to the Court for an order that the other parent 
pays some or all the childs school fees and other educational costs.

A child is a qualifying child  for the purpose of the CSA if under 19 and in full time 
education.  A parent is defined as the biological parent.  The CSA cannot seek payment 
of maintenance from a step parent.   The courts have no jurisdiction if the child and 
its parents come within the definiton in the Act.

If the child does not come within the definition, eg: one parent is resident abroad, or 
the child is over 19, then the ordinary  Scottish jurisdiction rules apply and any 
court which has jurisdiction  over the pursuer (plaintiff) or defender (defendant) can 
deal with child support (called aliment in Scotland).

The criteria for aliment are laid down in the Family Law (Scotland) Act 1985.   The 
court must have regard to the needs and resources of the parties, the earning 
capacities of the parties (NB not incomes) and generally to all the circumstances of 
the case.   Aliment is owed to the child by a parent or a person who has accepted the 
child as a member of his family - bringing step parents in to the equation - while the 
child is under 18 or under 25 and in full time education.  An application for aliment 
may be made by the child,  a parent or guardian, or person with whom a child lives or 
who is seeking a residence order and an order can be made for a definite or indefinite 
period , can be for occasional or special payment, for education etc., and can be 
backdated.   An agreement purporting  to exclude future liability for aliment or to 
restrict it is of no effect unless it was fair and reasonable in all the circumstances 
when entered into.   Any agreement in regard to aliment can be altered by the court in 
a change of circumstances.

If you have a case which you would like to persue in Scotland, please 
contact Attorney Lockhart at .


SLOVAK REPUBLIC - Written by  Dr. Zdenka Bencíková of Aliancia Advokatov   

In our country we respect a large number of legislative acts protecting children, but 
also the international agreements of this area. The constitution of Slovak Republic in 
the first article settled that the International agreements ratified and assured upon 
the legislative act, are generally legally binding and they are preferential before acts, 
when they safeguard the larger extent of fundamental rights and liberties than our laws.
This legally regulation provides compatibility of the Slovak legal order with the 
international treaties, conventions and agreements.

It´s needfull to mention the most important international treaties accepted by SR, which 
are from the objective area:
Generally Declaration of the Human Rights

Treaty of the Child´s Rights

The Constitution Act No.23/1991 Coll., by which the Bill of 
the Fundamental Rights and Liberties is executed

Declaration of the Child´s Rights

The International Treaty of the Suppresion of the Trade with the Women and Children

The Treaty of the Education of the Children in the Ideals of Piece, Mutual Regard 
and Understanding Among the Nations

Of course, that other treaties about e.g. the least age of children, in which they can 
work in various areas of economy, about night-work of children, about collecting alimony 
and e.t.c. are accepted.

The bipartite agreements whithin the SR and other states about legal aid and legal 
relations in civil, matrimonial and  criminally matters are very important too.

In the first place within the domestic legislative acts there is:
The Constitution, 
others are:
Act on Family No. 94/1963 Coll.
Act on the Private and Procedural International Law No. 97/1963 Coll.

The Civil Court Rules Act No.99/1963 Coll.

Act on Fond of Children and Youngs No.189/1993 Coll.,
and a large number of others acts, for example social ones.
According to the respecting and enforcement of the foreign judgments it is needfull to 
go through the provision of § 63 and followings of the Act on Private and Procedural 
International Law. Following to the § 63 the foreign judgments (in civil, matrimonial, 
labour matters and in other similar relations with international element), such as the 
foreign agreed judgments and the foreign notarial letters in this matters are efficient 
in Slovak republic only if they are genuine and valid upon the probate of competent 
foreign authority and if they are recognized of our bodies. Some kind of decisions, 
which are specified in the § 64 a) - e), cannot be recognized either enforced in SR. 
The recognization of the foreign judgments in property relations is not mentioned in 
the special act, in actual they are respected as Slovak decisions.  The foreign judgments 
can be enforced only if the Slovak court orders their enforcement. Genuide and valid 
foreign judgments in marital matters and in the matters of determination of the paternity, 
if only one of the parties in despute is Slovak citizen, and genuide and valid foreign 
judgments in adoptions of the child who is Slovak citizen, are recognized in Slovak 
republic if there is a specific decision of the Supreme Court of Slovak republic in this 
case and if this foreign judgement doesn´t set the Act on Private and Procedural 
International Law at defiance. This foreign judgment can be recognized only when the 
subject matter of the objective act was founded by the way which is consistent to the 
provisions of the Slovak law. The foreign judgments have the same legal effects as the 
Slovak genuide and valid decisions without any other needful procedure but if only all 
those participating were in peremptory time the citizents of the state which made the 
objective decision. The second condition is that this judgment doesn´t set the public 
order at defiance. 
If you have a case which you would like to persue in the Slovak Republic,        
please contact Dr. Zdenka Bencíková at .