We saw a question in one of the Facebook groups:
‘I am about to divorce, have two children, currently live and work abroad. In the present case, is the amount of child support based on the foreign salary or the equivalent of the job’s salary in Hungary?’
Legal advise in the topic:
It is not possible to give an exact answer as to exactly “how much” the amount of child support to be paid.
The answer to the second question is that the foreign wage and not its “equivalent” in Hungary can be assessed as an aspect.
At the same time, it also includes the fact that according to the prevailing case law. If the employment in Hungary is essentially such that the employee (parent liable to pay maintenance) works abroad and receives a supplement or wage supplement or receives additional benefits due to delegation abroad, the court will not normally take into account the additional amount received in connection with the delegation abroad. This is classically true for debtors earning income through diplomatic missions in the administration. In the case of a parent liable to pay maintenance, the place of work is otherwise irrelevant.
The amount of maintenance and the method of payment are primarily governed by the agreement of the parents. In the absence of an agreement between the parents, however, the court decides on child support. Contrary to previous regulations, the legitimate needs of the child must now be taken into account first and foremost. Simply put, this means that the child will not have a higher “need” for maintenance because the separated parent is working abroad.
Other circumstances to be considered by the court:
– income and financial situation of both parents;
– other children in the parents’ household, whether own, stepchild or foster, and children in respect of whom the parents have a maintenance obligation;
– the child’s own income; and
– child protection, family support, social security and social benefits provided to the child and, in particular, to the parent bringing him or her.
The most basic provisions in this regard is belonging to Ptk. 4: 213-218. §