Best Child Support Lawyers in Birkirkara

About Child Support Law in Birkirkara, Malta

Child support law in Birkirkara, Malta, is governed by the Maltese Civil Code. Child support, legally known as maintenance, is the financial obligation of the non-custodial parent to contribute to the upbringing of their children. The primary aim is to ensure that children receive sufficient financial support to cover their essential needs, such as housing, food, education, and health care.

Why You May Need a Lawyer

A lawyer specializing in child support can assist in various situations, including:

• Establishing child support arrangements during divorce or separation proceedings
• Modifying existing child support orders due to changes in financial circumstances
• Enforcing child support orders when the paying parent fails to meet obligations
• Navigating disputes over the amount or terms of child support payments
• Understanding the legal rights of both parents and the child

Local Laws Overview

Key aspects of local laws relevant to child support in Birkirkara, Malta include:

• Parental Responsibility: Both parents are legally responsible for the upbringing and support of their children, regardless of their marital status.
• Determining Support Amount: The amount of child support is typically determined based on the needs of the child and the financial capability of each parent. Courts may consider various factors, such as income, expenses, and standard of living.
• Duration of Support: Child support must generally be paid until the child reaches the age of 18, although this may be extended if the child is pursuing higher education or has special needs.
• Enforcement: Failure to comply with child support orders can result in legal consequences, including wage garnishment, property liens, and even imprisonment.
• Modification: Both parents can request a modification of the child support order if there is a significant change in circumstances, such as loss of income or increased living costs.

Frequently Asked Questions

What is child support?

Child support, or maintenance, is a financial obligation paid by the non-custodial parent to support the child's upbringing, covering essential needs such as housing, food, education, and health care.

Who is responsible for paying child support?

Both parents are legally responsible for supporting their child. Typically, the non-custodial parent pays child support to the custodial parent.

How is the amount of child support determined?

The amount is usually determined by the court based on the child's needs and the financial capability of each parent, considering factors like income, expenses, and standard of living.

How long does child support last?

Child support is generally required until the child reaches the age of 18. However, it can be extended if the child is pursuing higher education or has special needs.

Can child support orders be modified?

Yes, either parent can request a modification of the child support order if there is a significant change in circumstances, such as job loss or increased costs of living.

What happens if a parent does not pay child support?

Non-payment of child support can lead to legal consequences such as wage garnishment, property liens, and imprisonment. The custodial parent can seek enforcement through the courts.

Can I get child support if the other parent lives abroad?

Yes, Maltese law allows for international cooperation in child support cases. Contact a lawyer to understand the process for your specific situation.

What if the non-custodial parent refuses to pay child support?

If a parent refuses to pay child support, the custodial parent can seek enforcement through legal means, including court orders and measures like wage garnishment.

Do I need a lawyer to handle child support issues?

While not legally required, having a lawyer can be highly beneficial in navigating the complexities of child support laws, ensuring your rights and interests are protected.

How do I start the process of getting child support?

You can begin by filing a petition with the Family Court in Birkirkara. Consulting a lawyer can help you understand the necessary steps and documentation required.

Additional Resources

Here are additional resources that can be helpful for those seeking legal advice on child support in Birkirkara, Malta:

• Family Court in Malta: Provides information and handles cases related to family law, including child support.
• Department for Social Security: Offers guidance and assistance related to child maintenance and support issues.
• Legal Aid Malta: Provides legal assistance to those who qualify, ensuring access to legal representation and advice.
• Non-governmental organizations like the President’s Foundation for the Wellbeing of Society: May offer support and resources for family-related issues including child support.

Next Steps

If you need legal assistance in child support matters, follow these steps:

1. Consult a Lawyer: Seek legal advice from a lawyer who specializes in family law to understand your rights and options.
2. Gather Documentation: Collect all relevant documents, such as financial records, previous court orders, and any communication with the other parent.
3. File a Petition: If necessary, file a petition with the Family Court in Birkirkara to establish, modify, or enforce a child support order.
4. Follow Legal Advice: Act on the guidance provided by your lawyer to ensure compliance with legal procedures and to protect your interests.