Maintenance and support may be granted if the entitled person is not able to maintain themselves. A minor child lacking full legal capacity has the right to maintenance and support even where they have their own property but the profit from the property together with the income from employment is not sufficient for their maintenance and support.
To determine the extent of maintenance and support, the justified needs of the entitled person and their property situation, as well as the abilities, potential and property situation of the obligated person are decisive. If the property situation of the parent so allows, the creation of savings can also be considered as a justified need of the child.
The standard of living of a child should be fundamentally the same as the standard of living of the parents. The extent of the maintenance and support obligation of each parent corresponds to the ratio of their property situation, abilities and possibilities in relation to the property situation, abilities and possibilities of the other parent. The court that decides on the scope of the maintenance and support obligation therefore examines the overall standard of living of both parents. It is also necessary to take into account how the parent personally takes care of the child and the extent to which they do so. Account will also be taken of care for the family household, where appropriate.
If, in the proceedings on the maintenance and support obligation of the parent to the child, the parent does not properly demonstrate their income to the court by submitting all documents and other material for the evaluation of their assets, and does not enable the court to establish other facts necessary for the decision, this person's average monthly income will be set at twenty-five times the amount of an individual's subsistence level (i.e. CZK 96 500).