Child Maintenance Without Marriage Between Parents

In Bulgaria, the law guarantees children's right to maintenance from their parents, regardless of whether the parents are married or not. Child maintenance is regulated by the Family Code, which requires parents to provide funds for the upbringing and education of their child until they reach adulthood or until the child continues to study regularly, but not later than the age of 25.

1. Right to Maintenance for Children with Unmarried Parents
   • The child has the right to maintenance from both parents, even if they have never been in a marital relationship. This means that:
     • If the parents live separately, the parent who does not provide daily care for the child is obligated to provide maintenance.
     • The amount of maintenance depends on the child's needs and the financial capabilities of the parent, with the law requiring that maintenance covers the child's basic needs: food, clothing, education, health expenses, and other current costs.
2. Establishing Parentage and Maintenance
3. If the parents were not married, the child's parentage must be officially established. If the father does not voluntarily acknowledge paternity, parentage can be established through court proceedings, where DNA tests and other evidence may be presented in court. Once paternity is established, the child gains the right to maintenance from both parents.
4. The amount of maintenance is determined by the court based on:
   • The child's needs – expenses for food, health, education, clothing, and entertainment.
   • The parent's income and financial capabilities – the court assesses fairly how much can be allocated as maintenance without placing excessive burdens on the parent.
5. The minimum amount of maintenance is legally defined and represents about 25% of the minimum wage in the country, but the court can determine a higher amount based on the specific case.
6. The parent with whom the child lives can file a maintenance claim in the district court where the child resides. The claim must be accompanied by:
   • The child's birth certificate;
   • Documents proving the child's expenses (if necessary);
   • Financial documents related to the defendant's income, if available.
7. The court may rule a specific amount for child maintenance that the parent is required to pay monthly, and if they fail to do so, enforcement proceedings may be initiated with the help of a bailiff.
8. Maintenance can be modified or terminated based on:
   • Changes in the child's needs – if the child begins to have higher needs (e.g., for education), the parent may request an increase in maintenance.
   • Changes in the parent's financial situation – if the parent loses income or has other circumstances that affect their ability to pay maintenance, they may request a reduction in the amount.
9. Maintenance automatically terminates when the child turns 18, unless they continue to study regularly, in which case maintenance may continue until the age of 25.
10. Amount of Maintenance
11. Filing for Maintenance
12. Termination and Modification of Maintenance

The child has the right to maintenance from their parents regardless of their marital status. If the parents are not married, the same legal rules apply to the provision of maintenance, with the amount and payment being regulated by the court. This right to maintenance ensures that children receive the necessary funds for upbringing and development, even when their parents are not married.