Child Support Agreement.
In cases where you are not married to the partner from whom you have a child and you have a custody dispute, under Article 127 of the Family Code, you can reach an agreement on the child’s residence, custody, personal relations and maintenance.
The consent is expressed in an agreement, which may be notarised or confirmed by the court.
Parental rights and residence of the child
In the agreement, you may agree that parental rights are to be exercised by the mother, the father or both parents jointly. The agreement shall also agree on the child’s residence, and in the case of shared parenting, the child may reside with both parents.
Regime of personal contacts of a parent with a child
The agreement should agree on the child’s personal relations/personal contacts with the parents. In the event that parental responsibility is to be exercised by one parent, the other parent should have designated days in the agreement to see and take the child, including during holidays and vacations. If parental responsibility is to be exercised jointly by both parents, it should again be agreed exactly when the child will be with one parent and the other parent respectively and how time with the child will be allocated during holidays and vacations.
Child support
Child support should also be agreed in the agreement. Maintenance is to be paid by the non-custodial parent. In the case of shared parenting, maintenance may again be agreed by one parent only. It may also be agreed that each parent will support the child while the child is with him or her. Alternatively, it may be agreed that each parent will pay maintenance for the time the child is with the other parent.
The minimum amount of maintenance per child is equal to one quarter of the minimum wage.
What else could the agreement include?
In addition to the child’s residence, custody, personal relations and maintenance, you can include any other arrangements relating to the upbringing and care of the child in the agreement. For example, you may agree on the choice and payment of the child’s school, sports and extracurricular activities. You may agree on the decision to provide medical care and the choice of treatment facility if needed, as well as other care for the child, the possibility of third parties looking after the child. It is also possible to include arrangements for the child to travel abroad with each parent and for the necessary personal documents to be issued in this respect.
Drafting the custody agreement
We always guide our clients towards reaching an agreement on custody with the other parent and towards reaching an agreement that is as balanced as possible for both parents and is in the best interests of the child.
In drawing up the custody agreement, account shall be taken of the ability of both parents to care for the child, the time available to them in relation to their work commitments, the age of the child, the sex of the child and any other facts and circumstances relevant to the child’s interests.
Amendment of the custody agreement
A custody agreement approved by the court cannot be appealed, but can be modified where necessary. For example, one parent may be prevented from exercising the custody of the child awarded to him or her, there may be a need to change the amount of maintenance, the child may, as he or she grows older and given his or her needs, only express a wish to live with the other parent. The amendment of an agreement approved by the court shall again be made by the court.
State fees
A state fee of BGN 80 is payable to the court for the approval of the agreement.
Based on the alimony awarded, a state fee of 2 percent on the three years’ payments shall also be paid, payable by the person who will pay alimony.
Enforcement notice based on the agreement
The custody agreement has the force of an enforceable order under Article 404(1) of the Code of Civil Procedure. On the basis of the custody agreement, a writ of execution may be issued, which shall be the basis for initiating enforcement proceedings before a bailiff and taking enforcement action in connection with the implementation of the approved agreement.
Taking into account the specificities of each case, an individual approach should be applied to the preparation of each agreement.
The lawyers of Concordia Law Firm are available to respond to inquiries by phone, e-mail, or through the contact form, as well as to provide comprehensive assistance in connection with the preparation and approval by the court of an agreement on parental rights, the child’s place of residence, child custody and child support.
