| Abstract [eng] |
In this study was analyzed children maintenance regulation by law in Lithuania and European Union countries. The obligation of parents to materially maintain their children is enshrined by international law, United Nations Convention on the Rights of the Child and national legislation. Amount of maintenance should ensure the right conditions for the child‘s growth and development, whether the child lives with both parents or if the parent‘s relationship is broken. When implementing their duty to enforce this parental responsibility, states determine how the of maintenance amount problem should be solved. Child support system based on a balance between parents property situation and the needs of the child is used by many countries. The practical application of this system is rather complicated duo to the high number of evaluation criteria and individual assessment of the situation. Comparing this system with the „percentage of income“ system, which was previously used in Lithuania and still in use in several countries, despite its simple application, the „percentage of income“ system is flawed and the currently established system is more appropriate. This also ensures the principle of justice and the protection of the rights and best interests of children. Although the system applied in Lithuania is considered good enough but its practical application is complicated. In the case-law analysis, the Supreme Court‘s explanations are not always used by lower courts. Nevertheless, the courts properly analyze the facts, evidences presented in sufficient detail, and the Lithuanian legal system makes it possible to appeal, review decisions and guarantee the right to a fair hearing. |
