Caring for one's children and providing for their essential needs is a fundamental duty of every parent. Under the Family Code (СК) of the Republic of Bulgaria, parents owe maintenance to their minor children regardless of whether the children are able to work or can support themselves from their own assets. This obligation is unconditional – lack of income, deprivation of parental rights or the fact that the parent lives abroad do not release them from this responsibility.
Despite the clear legal framework, the amount of child support and its actual payment often become a bone of contention on separation or divorce. In this comprehensive guide we look at how the amount is calculated, until what age it is paid, how to request an increase and what legal protection mechanisms exist in case of non-payment.
How is the amount of child support determined?
The law does not fix a specific "set" amount that everyone must pay. The monthly amount of child support is determined by the court individually in each case, balancing two main factors:
- The child's needs: These include daily expenses for food, clothing and school supplies, as well as a proportionate share of housing costs (for example, the monthly payment under the current lease agreement and the utilities for the apartment where the child lives). Specific needs are also included (medical expenses, extracurricular activities, sport, language courses). Needs are assessed according to the child's age.
- The parent's means: The court examines the parent's income (salary, rent, dividends), assets, qualifications, and whether they are obliged to support other minor children.
The statutory minimum
The state sets a clear floor below which child support cannot fall. Monthly support for one child cannot be lower than one quarter of the national minimum wage (МРЗ). Since the minimum wage is updated every year, the minimum amount of child support also rises automatically based on the minimum wage for the current year.
Is there a maximum amount?
The law sets no upper cap on child support. Where a parent earns a high and proven income, the court may award an amount that fully corresponds to the standard of living the child would have had if the parents lived together.
Until what age is child support owed?
A common belief is that child support stops automatically on the day the child turns 18. This is not always the case. The law distinguishes two periods:
- Up to age 18 (Minority): Support is unconditional. Even if the child has their own savings or inherited property, the parent must pay.
- Up to age 20 or 25 (Adult pupils/students): Parents owe support to their adult children if they are in full-time secondary education (up to age 20) or in higher education /universities/ (up to age 25). There are two important conditions, however: the child must not be able to support themselves from their own income or assets, and paying the support must not cause particular hardship for the parent.
Important distinction: Support for an adult student child is not awarded automatically. It cannot be claimed by the parent with whom the child lives. The statement of claim is filed with the court personally by the adult child.
How payment is arranged: Agreement vs. Court proceedings
There are two main legal routes for determining child support:
1. Voluntarily (By mutual agreement)
The parents agree on the amount and method of payment. This can be done through a clause in the divorce settlement or through a separate agreement with notarised signatures. This is the quickest and most trouble-free approach.
2. Through the courts
If there is no consensus, a child support claim is filed with the District Court. The claim may be brought on its own (where unmarried parents have separated) or as part of divorce proceedings. The claimant (the parent with whom the child lives) is fully exempt from paying state court fees for these proceedings.
Modification (Increase) of child support
Once awarded, child support does not remain unchanged until the child comes of age. Life circumstances change – the costs of a 5-year-old are very different from those of a 15-year-old teenager.
You can apply to the court for an increase in child support at any time when there is a lasting change in circumstances: * A significant period has passed since the last court decision (e.g. 2-3 years). * The child's needs have grown (starting school, health needs, expensive courses). * The paying parent's income has increased significantly. * There is serious inflation and a rising cost of living in the country.
What to do if child support is not paid?
If you have a final court decision or a notarised agreement, but the other parent refuses to pay, you have extremely strict enforcement mechanisms at your disposal:
1. Enforcement case through an enforcement agent (ЧСИ/ДСИ)
On the basis of the court decision, a writ of execution is obtained and enforcement proceedings are opened. The private or state enforcement agent (ЧСИ/ДСИ) may garnish the debtor's salary and bank accounts, and may attach and sell their property or vehicles.
2. Payment of child support by the state
If the enforcement agent establishes that the debtor has no official income or assets (they are on a low income or their whereabouts are unknown), the state, through the relevant Municipality, begins paying the awarded support to the child instead of the parent (up to a statutory maximum limit). The state subsequently recovers this money from the defaulting parent with accrued interest.
3. Criminal liability (Imprisonment)
Failure to pay child support in Bulgaria is a crime against the family within the meaning of the Criminal Code (Art. 182 of the НК). If the parent fails to pay more than two monthly instalments, they can be prosecuted, and the law provides for imprisonment of up to one year or probation. Often the mere threat of criminal proceedings motivates debtors to clear their arrears.
Frequently Asked Questions (FAQ)
Can child support be claimed for a past period (retroactively)?
Yes, the law allows a claim for child support for a past period, but only up to one year before the claim is filed with the court. For periods older than one year the right is lost, so you should not delay filing the claim.
Is child support owed if the parent is unemployed?
Yes, absolutely. Unemployment is no excuse in the eyes of the law. The court assumes that every adult citizen of working age is obliged and able to earn at least a minimum income to cover the statutory minimum child support.
Does child support cover extraordinary expenses (e.g. camps, school trips)?
Monthly child support covers regular, foreseeable day-to-day needs. Extraordinary and larger expenses (such as costly medical treatment, language camps abroad, buying a computer for school) can be agreed voluntarily between the parents or awarded separately by the court if their urgent necessity is proven.
Why is professional help from a lawyer critical?
Although child support proceedings may seem simple, they require precise proof of financial means and actual needs. Hiding income is common practice among defaulting parents, and an experienced family lawyer knows how to deal with it by requesting court-ordered information from the National Revenue Agency (НАП), the Traffic Police (KAT) and the Property Register. On the other hand, correctly and thoroughly drafting the clauses of a voluntary agreement saves you years of future disputes and court proceedings.
Mechkova & Dimitrova Law Firm will help you prepare a balanced, secure and legally compliant agreement, protecting your interests and those of your children with complete discretion.
Secure a stable future and financial security for your child in good time. Contact us for an initial consultation to discuss your case and take the most effective steps to protect your rights.