Maintenance Proceedings: What You Need to Know

Maintenance proceedings are court proceedings through which the parent of a minor child seeks a judicial decision ordering the other parent to pay monthly child maintenance. In Bulgaria, child maintenance is awarded with the aim of covering the child’s basic living needs, including food, clothing, education, healthcare, and other expenses necessary for the child’s normal development.

In this article, we outline how such proceedings are conducted, which documents are required, and the key issues you should be prepared for.

When Are Maintenance Proceedings Initiated?

Maintenance proceedings may be initiated in the following situations:

• where the parent who does not exercise parental rights fails to pay the agreed maintenance voluntarily;
• where the maintenance paid to date is insufficient and an increase is required;
• where no agreement has been reached regarding maintenance following separation (where the parents are not married) or in the event of divorce.

What Documents Are Required in Maintenance Proceedings?

When preparing a statement of claim for child maintenance, the following key documents are typically required:

• the child’s birth certificate;
• a court decision on parental rights, if such a decision exists;
• evidence of the claimant’s income and proof of the child’s monthly needs;
• additional documents relating to the costs of raising and supporting the child;
• evidence of the other parent’s (the defendant’s) income and financial capacity.

How Do Maintenance Proceedings Work?

Maintenance proceedings commence with the filing of a statement of claim with the District Court, either at the address of the defendant or at the address of the child. Once the court opens the case, it serves copies of the statement of claim and the accompanying written evidence on the defendant, who is granted a statutory period to submit a written response. In this response, the defendant may challenge the claimant’s allegations, present their own position regarding the financial capacity of each parent and the needs of the child, and submit supporting evidence. The court examines the submissions of both parties, assesses the evidence presented, and determines the appropriate amount of maintenance. The court decision is immediately enforceable and may be subject to compulsory enforcement if the defendant fails to comply voluntarily.

What Amount of Maintenance May Be Claimed?

Only the statutory minimum amount of child maintenancecan be stated with certainty. This minimum may not be set below 25% of the national minimum wage.Any amount above this statutory minimum is determined by the court based on the specific needs of the child and the financial capabilities of both parents.

What Are the Consequences of Non-Payment of Maintenance?

In the event of failure to pay court-awarded maintenance, the law provides several legal remedies, including:

• initiation of enforcement proceedings through a court enforcement officer for compulsory collection of the maintenance due;
• imposition of attachments (garnishments) on the debtor’s income and assets;
• initiation of criminal proceedings in cases of persistent and deliberate non-payment of maintenance.

Frequently Asked Questions Regarding Maintenance Proceedings

How long does the procedure take?

Maintenance proceedings are generally handled within short procedural timeframes, as they concern the protection of a child’s rights. Depending on the specific circumstances of the case, a court decision may be issued within several months.

May an increase of an already awarded maintenance amount be requested?

Yes. Where the child’s needs have changed or the financial situation of the parent obliged to pay maintenance has improved, court proceedings may be initiated to seek an increase of the maintenance amount.

May maintenance be paid directly into a bank account?

Yes. This is the recommended practice, as it provides clear and verifiable evidence of payment.