Subtopic 4 — Providing Alimony
Part 1 — Alimony of Children
Article 256:
Father shall have to provide all kinds of alimony of a minor son until he acquires ability to work and
those of a minor daughter until her age of marriage.
Article 257:
Father shall have to provide alimony of adult son who is not able to work and is poor and also that of
adult daughter who is poor until her marriage.
Article 258:
(1) Alimony of working son or daughter shall be paid from their income. In case the income does not
suffice the deficit shall be provided by the father.
(2) If the income of working children exceeds their alimony expenses, the extra amount shall be saved
by the father and returned to them after the puberty.
Article 259:
If father is not able to provide alimony of his children and is also unable to work, the duty to provide
alimony for children shall transfer to the guardian next to the father.
Article 260:
If father is insolvent and is not unable to work, his duty to provide alimony of children does not
extinguish. In this case, the guardian next to the father who has to provide the alimony shall claim the
alimony expenses from the father when he is solvent.
Article 261:
Alimony of a child whose father does not exist and the child does not own any specific property while
relatives of the child consist of ascendants and distant relatives, shall be provided in the following
order:
1 – If only ascendants or distant relatives are heirs of the child, the ascendants shall be obligated to
pay alimony of the child, whether or not they the ascendants inherit from the child.
2 – If ascendants and distant relatives are jointly heirs of the child, the alimony shall be provided by
both proportionate to their portions of inheritance.
Article 262:
Father shall not be obligated to provide alimony of wife of his son, unless he has already undertaken to
provide it. In this case, father shall claim expenses of the alimony he provided when the son becomes
solvent.
Article 263:
Spouses may conclude a settlement regarding expenses of alimony of their children. If the settlement
is concluded for an amount less than necessary alimony, father shall be responsible to complete the
alimony and in case the settlement is concluded for an amount more than necessary alimony while the
extra amount is too large, father shall not be obligated to pay the extra amount.