Interim measure on maintenance: What does "the necessary extent" mean?

Broader justified needs (such as leisure activities, clubs or above-standard equipment) are not taken into account at this stage and become the subject of evidence only in the proceedings on the merits.

The amount of maintenance and the subsistence minimum

When setting the amount, the court distinguishes whether the obliged parent's circumstances have been proven:

• If the circumstances are not proven: The court sets the necessary maintenance at 30% of the subsistence minimum for a dependent minor child. From 1 July 2026, the subsistence minimum for a dependent minor child is EUR 134.80, of which 30% is EUR 40.44. This amount is subject to regular indexation as of 1 July of the relevant year.
• If the circumstances are proven: If the applicant submits, for example, the obliged parent's payslip, the court may set maintenance to the necessary extent at a higher amount.

The court also takes into account alternative forms of performance, such as direct payment of household running costs, provision of school meals, purchase of seasonal clothing or school supplies, or payment for healthcare.

When do courts dismiss the application?

Based on an analysis of the decision-making practice of Slovak district courts, the court will usually dismiss (or partially dismiss) an application for an interim measure where:

• it is demonstrated that the obliged parent is contributing at least to the necessary extent (even if in varying amounts on a regular basis),
• the obliged parent contributes by paying specific costs directly (nursery fees, accommodation, food and the like), thereby fulfilling the obligation to the necessary extent even though not paying the other parent directly,
• the applicant fails to prove that the minor's maintenance is at risk,
• the parent personally caring for the child is able, from their own income (taking into account the tax bonus and child benefit), to cover the child's needs to the necessary extent temporarily,
• the expenses claimed exceed the necessary extent (in which case the application is partially dismissed).

Procedural time limits and enforceability

The court must decide on an application for an interim measure within 30 days of the application being served (or of the issue of a resolution commencing proceedings without an application). Court practice shows differing approaches to when the maintenance obligation starts:

1. by setting a specific date in the operative part,
2. by tying it to the date the application for the interim measure was filed,
3. by tying it to the moment the resolution becomes enforceable (which occurs upon service).

If the resolution does not mention a specific date, the obligation arises upon its enforceability. The maintenance obligation arises at the latest on the day the resolution becomes enforceable, which means an obligation to pay without delay after service (including a pro-rata part of the calendar month and the following month).

Application problems and inconsistent court practice

Practice is inconsistent in several respects:

• Interpretation of "the necessary extent": Some courts include almost all basic expenses under this concept (including nursery fees) and set maintenance close to the standard amount, others set the presumed minimum, and still others award only symbolic amounts.
• The court's procedure: Most courts ascertain the parties' circumstances through reports from the child's guardian ad litem, but not all courts invite the other parent to submit written observations (as this is optional and the time limits are short).
• Ascertaining income: If the applicant has no documents evidencing the obliged parent's income, courts generally award only minimum maintenance. An appropriate procedural step for the court, as part of its active management of the proceedings, would be to look up the obliged parent's income with the Social Insurance Agency, so as to avoid awarding merely symbolic maintenance.

Considering an interim measure on maintenance?

Alongside the maintenance proceedings, are you struggling to cover your child's basic needs? We will assess your situation and evaluate whether you meet the conditions for demonstrating that the child's maintenance is at risk, so that your application stands up in court.