Minimum child maintenance

Under § 101 of the Family Law Act maintenance is based on the base sum — 200 euros in the law, indexed every 1 April with the consumer price index — plus three per cent of the average gross monthly wage in Estonia of the previous calendar year (PKS § 101 lg 3–4). Monthly maintenance for one child may not be less (lg 1).

A parent need not provide maintenance to the extent the child's needs can be met by the child allowance and the large family allowance. The needs are deemed met by the whole child allowance and half of the large family allowance, divided equally among all children of the family receiving it (PKS § 101 lg 5).

If a person must pay maintenance to several children of the same family, the amount for subsequent children is 15 per cent lower than for the first child. It is not reduced for multiple-birth children or children whose age difference exceeds three years (PKS § 101 lg 7).

Yes, the court also decides a claim for maintenance against a parent living apart from the child in that procedure, but not retroactively (TsMS § 491 lg 1). The procedure is not available if the monthly maintenance claimed exceeds the base sum of PKS § 101 lg 3 more than 1.5 times (TsMS § 491 lg 2).

A parent is not released from maintaining a minor child, but for a good reason a court may reduce maintenance below the § 101 amount — for example the parent's incapacity for work, or another child who would otherwise be less provided for (PKS § 102 lg 2).