PhD student: Mrs J. Deklerck

Promotor: Mrs Prof I. Boone

Duration: 1/9/2020 - 31/8/2024

Abstract:

Children have a right to maintenance. The law places the primary (financial) responsibility for that maintenance on the parents. The study endeavours to undertake a thorough legal analysis of the basis, scope and implementation of the duty of maintenance in respect of both minor children and adult children who are still studying. The following questions are endeavoured to be answered: 1. What is the basis of the maintenance obligation? Does this basis still correspond to the current diverse composition of the family situations in which children grow up? 2. Who is entitled to maintenance? When does the maintenance obligation come to an end? 3. What is the extent of the maintenance obligation? In the situation where the parents are no longer living together, a maintenance contribution for both the minor children and the adult children who are still studying must be established. The determination of the contribution is very complex and is very often the cause of discussions and legal proceedings. For example, there is a lack of clarity regarding the distinction between ordinary and extraordinary costs, residence-related costs and costs exceeding the child's stay, the relationship between child support and spousal support, the determination of the parents' ability to pay, etc. Despite the many legislative changes, there is no ready-made answer to the question of how child support can be calculated in a correct way. 4. How is the maintenance obligation implemented and which measures can be taken in the event of non-compliance? Non-compliance is a major social problem. The public authorities compensate the maintenance creditor via for example the 'Dienst voor Alimentatievorderingen' and the so-called 'super privilege' of the creditor. Nevertheless, the problem of non-payment of child maintenance continues to grow. What can the legislator do?