DETERMINING OF ALIMONY-DIVORCE-SEPARATION
The parent with whom the child is not habitually resident must pay alimony to the other parent legally called “contribution to the care and education of the child”
Alimony is paid until children have reached the age of maturity and it may go beyond if it is proven that they are pursuing studies after the age of 18.
In case of DIVORCE BY MUTUAL CONSENT, the contribution is fixed by mutual agreement by both parents.
For OTHER CASES of DIVORCE, it is determined by the Family Court Judge.
For SEPARATIONS or BREACH of PACS, it is determined by the judge seized by Joint Petition or at the initiative of one of the parents; in this case the judge will also determine the habitual residence of the child and visit and accommodation rights of the other parent.
The law does not set any scale, the amount of alimony payment is determined according to the contributory power of each spouse and the child’s needs.
