If the entitled and obligated persons do not agree on the fulfilment of the maintenance and support obligation, a court will decide on the award, and increase or decrease of maintenance and support.
Proceedings on maintenance and support for a minor are governed by the Act on Special Judicial Proceedings (judicial care of a minor). A court may initiate proceedings even without a petition, and the proceedings are governed by the so-called investigative principle, meaning the court will also provide other evidence than suggested by the parties to determine the facts, i.e. in general whether the child is entitled to maintenance and support and to what extent the parent is to provide it. The Code of Civil Procedure will apply in the alternative.
Proceedings on maintenance and support for an adult child are governed by the Code of Civil Procedure. Proceedings can only be initiated upon a petition and the parties are obliged to provide evidence to substantiate their claims. The court decides which of the proposed pieces of evidence to take into account. The court may also take identical statements of the parties to be factual findings.
District courts with subject-matter jurisdiction decide on proceedings in matters relating to maintenance and support obligations in the first instance. In the case of maintenance and support for a minor child, the general court of the child has territorial jurisdiction over the proceedings. As regards maintenance and support for an adult child, the court with territorial jurisdiction is the general court of the defendant. The general court of a natural person is the district court in whose district they reside, and if they do not have a place of residence, the district court in whose district they are staying.
Maintenance and support can generally be granted only from the date of the commencement of judicial proceedings, but in the case of child maintenance and support also for a maximum period of 3 years retroactively from the date of the commencement of judicial proceedings.