It is a fact not known to everyone that when a child is born, an unmarried mother may request, except for child support to that child, maintenance for herself as well. Besides this claim, the mother has the right for reimbursement of costs associated with pregnancy and childbirth, too. This is regulated by the provisions of Section 920 of Act No. 89/2012 Coll., the Civil Code (the “Civil Code“).
As far as maintenance for an unmarried mother is concerned, she may request such maintenance up until the time when the child reaches the age of 2. The maintenance amount is assessed based on the father’s financial status and earning power and, on the other side, based on the mother’s justified needs and her own income. However, it is not necessary that the child’s unmarried mother shares the same living standard as the child’s father.
The term reimbursement of costs associated with pregnancy and childbirth includes in particular the costs of pregnancy clothing, medication and medical care, various pregnancy tests, in-patient hospital treatment etc. Based on the case law, this contribution may not include costs of a pram, childbed or layettes as these are the child’s rights which should be paid for within the scope of performance of the parents’ maintenance obligation to the child. The mother may request only so called purposefully incurred costs.
Last but not least, the father is obliged to pay the traditional child support. Here, the child’s living standard should be essentially the same as the parents’ living standard.
It is important to note that in accordance with Section 920(2) of the Civil Code, the court may, on the application of a pregnant woman, order the man whose paternity is probable to provide an amount needed for maintenance and a contribution to cover the costs associated with pregnancy and childbirth in advance. In this case, paternity does not need to be determined for certain and a pregnant woman may request maintenance and contribution from the so called probable father.
Family law is a standard agenda of this law office. Please do not hesitate to contact us, if interested.
Prague February 26th 2019
Mgr. Adéla Morávková
AK Pajerová s.r.o.