Progressor Law Office has extensive experience in successfully resolving disputes related to the recovery of alimony, divorce, joint property division and complex issues related to child care.
Participation in a long-term social project in cooperation with the municipality of Lasnamäe, to provide legal assistance to the population, made it possible to systematize a huge number of incidents and their solutions.
Our lawyers can advise you on issues related to the appointment and recovery of alimony. Prepare the necessary procedural documents and represent your interests in court.
Amount of alimony in 2022
On December 8, 2021, the Estonian Parliament adopted amendments to the Family Law Act, which significantly changed the procedure for calculating alimony. Changes in the law come into force on January 1, 2022. Until this date, the calculation of the minimum amount of alimony was tied to the amount of the minimum wage, but from January 1, 2022, a different calculation formula will apply.
To calculate the minimum alimony, a base rate has been set, which in 2022 is equal to EUR 200. The base rate is revised every year, depending on the consumption index, which the Department of Statistics publishes each year on April 1.
3% of the average gross salary in the country for the previous year is added to the base rate. When calculating alimony in 2022, we take into account the average gross salary for 2021, which is EUR 1,448, of which 3% is just over EUR 43.
From this amount we deduct half of the child allowance received by the parent with whom the child lives. The allowance for the first and second child today is EUR 60 (if there are three or more children in the family, take into account that the allowance for the third child is EUR 100 and therefore EUR 50 will be deducted), that is, we subtract EUR 30 from the calculated amount.
As a result of simple arithmetic operations, we get the amount of EUR 213, which will be the amount of the minimum alimony in 2022. This is less than the minimum alimony that accrued in 2021 and amounted to EUR 292.
The amount of alimony is also affected by the number of days that the child lives with each of the parents. If the child lives with the parent paying alimony from 7 to 15 days, then the alimony may be proportionally reduced. It’s easier when there is a court order that determines the order of communication and residence of the child, and the court, when making a decision on the recovery of alimony, can take into account the approved communication procedure.
The system for calculating the minimum alimony that was in force earlier required a revision, since with a regular increase in the minimum wage, the amount of the minimum alimony automatically increased. But the increase in the minimum wage did not mean a proportional increase in the average income of the population. Thus, a parent with an income slightly more than the minimum was no longer able to cope with the obligation to pay alimony, especially when it came to supporting several children. According to the plan of the Ministry of Justice, the new formula for calculating the minimum alimony should eliminate this problem.
Reducing and increasing the amount of alimony
The law allows, if there are grounds, to assign alimony that will differ from the minimum.
So the amount of alimony can be reduced below the minimum amount, for example, if the parent paying alimony is unable to work, or if there are several children
dependent on him and the parent’s income is not enough to pay the minimum amount of alimony to each child.
Alimony can be assigned in a larger amount than the minimum based on the special needs of the child or the income of the parent paying alimony significantly exceeds the average income in the country.
Alimony for the second child in 2022
The minimum alimony assigned for the second child living in the same family is 15% less than for the first, provided that the age difference between the children is not more than 3 years. Such a decrease suggests that some things and toys from an older child can be transferred to a younger one.
If the amount of alimony for the second child does not cover the actual expenses, then you can go to court, where the income of both parents and the validity of the declared list of necessary expenses for the second child shall be considered.
If the parent paying alimony lives in another country
The Estonian Code of Civil Procedure allows you to file a claim for the recovery of alimony at a child’s location. The decision of the Estonian court is enforceable on the territory of other countries.
What about decisions made before January 1, 2022?
In the event that alimony was assigned by a court decision in the minimum amount, i.e. corresponded to half the minimum wage, then such alimony will automatically be equal to EUR 292.
An increase in the minimum wage no longer affects the increase in alimony. If one of the parents does not agree with the specified amount of alimony, then he/she has the right to go to court.