Child maintenance in Estonia

Who must pay maintenance and for how long?

Adult first-degree ascendants and descendants must provide maintenance – parents to their children (PKS § 96 lg 1) [1]. Changes in custody do not affect the maintenance obligation (PKS § 96 lg 1) [1].

A minor child is entitled to maintenance, and so is an adult child acquiring basic, secondary or higher education or studying in formal vocational training, but no longer than until the age of 21 (PKS § 97 p 1 ja 2) [6].

A parent of a minor child fulfils the maintenance duty by paying maintenance mainly when they do not live with the child or do not take part in raising the child; maintenance must be used in the child's interests (PKS § 100 lg 2) [2]. Maintenance is paid in advance for each calendar month (PKS § 100 lg 4) [2].

How much is maintenance?

The amount is based on the child's needs and usual way of life, including the costs of education and upbringing (PKS § 99 lg 1 ja 2) [7]. The law sets a minimum (PKS § 101) [3]:

• Base amount. The base amount per child is 200 euros, indexed every year on 1 April by the change in the previous year's consumer price index (PKS § 101 lg 3) [3].
• Additional part. Three percent of Estonia's average gross monthly wage of the previous calendar year is added to the base amount (PKS § 101 lg 4) [3].
• Benefits. A parent need not provide maintenance to the extent that the child's needs can be met by child allowance and the large family allowance (PKS § 101 lg 5) [3].
• Time together. If the child stays with the paying parent on average seven to fifteen days a month over a year, maintenance is reduced in proportion to the time spent together (PKS § 101 lg 6) [3].
• Several children. For further children of the same family, maintenance is reduced by 15 percent compared with the first child; not for multiple births or children more than three years apart in age (PKS § 101 lg 7) [3].

The court may award maintenance as a fixed amount or a variable amount (PKS § 101 lg 2) [3] and above the minimum, considering, among other things, the parents' financial situation and how child-related costs are shared (PKS § 102 lg 3) [8].

Can maintenance be reduced?

A parent is not released from the duty to maintain a minor child even if it is hard to fulfil; they must use their means for maintaining themselves and the child equally (PKS § 102 lg 2) [8]. For good reason, the court may reduce maintenance below the amount calculated under the law; a good reason may be, for example, the parent's incapacity for work or another child who would otherwise be less well provided for (PKS § 102 lg 2) [8].

An agreement that excludes future performance of the maintenance obligation or limits it unreasonably is void (PKS § 109) [9].

What the law says

• „Igakuine elatis ühele lapsele ei või olla väiksem kui käesoleva paragrahvi alusel arvutatud summa.“ [3] (translation: monthly maintenance for one child may not be less than the amount calculated under this section; PKS § 101 lg 1).
• „Elatist makstakse iga kalendrikuu eest ette.“ [2] (translation: maintenance is paid in advance for each calendar month; PKS § 100 lg 4).
• Maintenance may be claimed retroactively „kuni ühe aasta eest enne elatishagi kohtule esitamist“ [10] (translation: for up to one year before the maintenance action is filed with the court; PKS § 108).
• Direct relatives must, on request, give each other information about their income and assets if this is needed to determine the amount of maintenance (PKS § 104) [11].

What to do

1. First try to agree: parents may specify between themselves how and for what periods maintenance is paid, but the agreement does not prevent a claim under the law (PKS § 100 lg 3) [2].
2. If the other parent does not pay, file an application in expedited payment order proceedings – possible against a parent living apart from the child if the monthly maintenance claimed does not exceed the base amount by more than 1,5 times (TsMS § 491 lg 1 ja 2) [4].
3. If you want maintenance for past periods or a higher amount, file an action: retroactively you can claim up to one year before filing (PKS § 108) [10], while in expedited proceedings no retroactive claim is possible (TsMS § 491 lg 1) [4].
4. For the time of the court proceedings, apply to the Social Insurance Board (Sotsiaalkindlustusamet) for maintenance support during court proceedings – 200 euros per child per month (PHS § 49 lg 3; PHS § 51 lg 1) [5] [12].
5. If maintenance has been awarded but is not paid, turn to a bailiff; during enforcement proceedings you can apply for maintenance support of up to 200 euros per child per month (PHS § 50 lg 1) [13].

Frequently asked questions

Must maintenance be paid to an adult child?

Yes, if the adult child is acquiring basic, secondary or higher education or studying in formal vocational training, but no longer than until the age of 21 (PKS § 97 p 2) [6].

Can the parents agree that no maintenance is paid?

An agreement that excludes future performance of the maintenance obligation or limits it unreasonably is void (PKS § 109) [9].

Is maintenance reduced if the child spends part of the time with me?

If the child stays with the paying parent on average seven to fifteen days a month over a year, maintenance is reduced in proportion to the time spent together (PKS § 101 lg 6) [3].

How far back can maintenance be claimed?

Up to one year before the maintenance action is filed with the court (PKS § 108) [10]. No retroactive claim is possible in expedited payment order proceedings (TsMS § 491 lg 1) [4].