Decision 3076/2559 (2016): Court Approval Needed for Private Support Agreements
The parents signed a private contract setting a low monthly payment for child maintenance. When the mother sought an increase, the Supreme Court ruled that section 1564 civil code makes a child’s right to adequate support non-waivable. Any agreement is voidable unless (1) reviewed and approved by the court and (2) shown to meet the child’s reasonable needs. The father was ordered to pay a higher amount, retroactive to the filing date.
Practical impact
- Parents may settle support, but the court must endorse the figure.
- Judges look at both parties’ income and the child’s expenses; unfairly low amounts will be revised.
- Unapproved agreements cannot bar a later lawsuit for additional support.