Alimony – trust, maintenance and decision on contacts of minor children with a parent

In the event of divorce, it is necessary to clearly establish child support obligations for each parent. Support may be ordered by a court decision, an agreement confirmed by the court or a joint parental care plan. The manner in which a child is supported and the determination of obligations primarily depends on who they live with.

Most often, the child remains living with one of the parents who fulfills his/her share of the child’s support obligation by caring for him/her on a daily basis, while the parent who does not live with the child fulfills his/her contribution to support in the form of monetary compensation (alimony) determined by an agreement or court decision. If the parents are divorced and still living together with the child, they can come to an agreement or the court can order that they jointly take care of the child, and their material needs are met in accordance with the income of each of them. If the child does not live with either parent, both parents are obliged to pay alimony.

This law office represented children i.e. their mother in the procedure of custody, support and decisions on contacts of minor children with a parent. In the case number 65 0 P 900073 21 P of 23 February 2022, the Municipal Court in Sarajevo  issued a decision on giving the custody of children to their mother in accordance with Article 142, paragraph 2 of the Family Act, because the presented evidence indisputably showed that children have lived continuously with their mother since the termination of the marriage, and the court in this regard fully accepted the opinion of the Social Welfare Service of the Municipality of Ilidža together with the social case history of the Social Welfare Center Kiseljak, as well as the agreement of the parents, which was made at the main hearing, where the court finds that the aforementioned is currently in the best interest of the children, and therefore the decision was made that underage children live with their mother.

In the aforementioned case, the court was of the opinion that the agreement reached by the parents, which was made at the main hearing on the amount of child support and the manner of the father’s contribution to child support, is currently in the best interest of the children, so the father is obliged to contribute BAM 330.00 for child support, where the court appreciated the needs of the children, given their age, because they are children of school and preschool age and that the children will spend some time with the defendant when he must additionally engage and have costs around the children while staying with him, as well as that the defendant has two more children he is also obliged to support. Bearing in mind the above, the court fully accepted the agreement of the parents regarding the amount of support made at the main hearing, while bearing in mind the statement of the Federal Ministry of Labor and Social Policy that the average needs of the person requesting support amount to BAM 286.80, which represents 30% of the average monthly net salary paid in FBiH, as published in the Official Gazette of FBiH 20/21, as well as the material circumstances of the parents, for which reasons the court made a decision regarding support in accordance with Article 215, in conjunction with Article 235 and in conjunction with Article 236 of the Family Law.

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