Child Maintenance and Spousal Liability

Updated: January 23, 2026

When parents separate or divorce in Cyprus and minor children are involved, both parents are legally required to act in the best interests of the child, in accordance with Cyprus family law. Child maintenance is regulated through a court order issued by the Family Court.

The parent who does not primarily care for the child is generally required to pay child maintenance to cover the child’s everyday needs. The amount is calculated based on the child’s needs and the standard of living enjoyed before the separation or divorce.

Child maintenance proceedings are separate and independent from custody proceedings and are examined by the Family Court under a distinct legal process.

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📓 Parental Obligation to Pay Maintenance

Both parents are obliged to financially support their minor children. The amount of maintenance is determined based on:

the financial situation of each parent at the time the application is filed, and
the needs of the child.

A maintenance obligation exists regardless of contact between the parent and the child. It may also exist even where the parent is not the biological father, provided that:

the child has been legally recognised as their own.

In cases where a child is born outside marriage, a father who has formally recognised the child is liable to pay maintenance to the parent with whom the child resides.

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📑 How to Apply for Child Maintenance in Cyprus

The process begins when the parent with whom the minor child lives files a maintenance petition before the competent Family Court. Once filed, the court sets a hearing date.

Certified copies of the petition must be served on the other parent, who has the right to:

appear before the court, and
request time to submit a defence.

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ℹ️ Interim (Temporary) Maintenance Orders

A maintenance petition may be accompanied by an urgent ex parte application, requesting the court to issue a temporary maintenance order.

Through this procedure, the applicant may request that the respondent pays a monthly amount:

until the final determination of the main maintenance petition, or
until the court examines the interim application.

To obtain such an order, the applicant must file an affidavit outlining:

the child’s expenses, and
the financial situation of both parents.

The interim order is served on the respondent, who may apply to amend or cancel it if it is proven that inaccurate or false information was provided in the affidavit.

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⚠️ Contents of a Maintenance Petition

A maintenance petition typically includes information on:

the minor’s daily and monthly needs and expenses,
the monthly income of both parents,
the monthly expenses of both parents, and
the child’s overall living costs.

💠 Maintenance of Adult Children

The separation or divorce of parents may also raise issues regarding the maintenance of adult children.

Once children reach adulthood, they may file a maintenance application in their own name, with the assistance of a family lawyer, requesting support from the parent who previously maintained them.

Such maintenance may include:

educational expenses, or
financial support during military service.

For maintenance of adult children to be enforceable, it must be included in a court order.

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⚖️ Competent Court

The Family Court has jurisdiction over child maintenance petitions when the child resides within the court’s territorial district.

What a Child Maintenance Court Order Covers

A maintenance order may include contributions towards:

food and nutrition,
clothing and footwear,
healthcare expenses,
private tutoring,
school-related costs,
entertainment and recreational activities,
social events (such as birthday celebrations),
utilities (electricity, water, internet, telephone),
housing costs (rent), and
transportation expenses.

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🏷️ Factors Considered by the Court

When determining maintenance, the court considers:

the needs of the child, and
the income and financial capacity of each parent.

Both parents are required to contribute proportionally to the child’s needs. Maintenance is paid to the parent who has custody of the child, on the child’s behalf.

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📈 Example of Maintenance Calculation

If one parent earns €2,000 per month and the other earns €1,000 per month, the court may order:

the first parent to cover two-thirds of the child’s maintenance, and
the second parent to cover one-third.

For example, if the child’s monthly needs amount to €600, one parent may contribute €400 and the other €200.

Where parents agree on the maintenance amount, the court may issue an order immediately. If no agreement is reached, the court will decide based on the specific circumstances of the case.

Enforcement and Non-Compliance with Maintenance Orders

Failure to comply with a maintenance order may result in enforcement measures, including imprisonment.

If maintenance payments are not made, the custodial parent may file an enforcement petition supported by an affidavit stating the outstanding amount. The respondent is then summoned to court to explain the failure to pay.

If sufficient justification is provided, the court may grant additional time to settle the arrears. If the respondent continues to default, the authorities may attempt to recover the debt, and imprisonment may be ordered as a last resort.

Single-Parent Benefit in Cyprus

Following the issuance of a divorce and a court order relating to custody or maintenance, the parent with whom the children reside may be entitled to a single-parent benefit.

The monthly benefit is:

€212.11 per child for annual income up to €39,000,
€188.54 per child for annual income up to €49,000.

Above this income threshold, no benefit is payable.

Child Maintenance Lawyers in Cyprus

Our child maintenance lawyers provide:

legal advice on child maintenance obligations, and
representation before the Family Court for obtaining maintenance orders.

Our firm offers specialised legal advice on all family law matters. Please contact us for further information.