When parents split up, the first question that usually lands on a lawyer's desk is "how much will I have to pay—or receive—for the kids?". In Cyprus the answer is spelled out in Law 216/1990, but the courts apply that law with a good dose of common sense and life‑experience. Below is a plain walk‑through of the rules, the guiding court decisions and some hard‑won practical tips.
1 | The legal backbone—Articles 33 & 37, Law 216/1990
- Joint duty: Article 33(1) makes both parents responsible for "maintaining" their minor child—what many people call child alimony—each according to his or her financial strength.
- What "maintenance" covers: Article 37 stretches the term well beyond food and pocket money. It includes everything the child reasonably needs for upkeep, welfare and education—from rent and heating to braces, guitar lessons and even postgraduate fees if that is part of the child's life path.
- Christmas‑bonus clause: If mum or dad gets a 13th or 14th salary, the court can tag an extra maintenance instalment onto those festive pay‑cheques.
2 | How judges decide the figure
Cypriot family judges describe themselves as "regulators, not accountants." They carry out a two‑step balancing act:
- Map the child's needs: Every real or foreseeable expense is listed—housing, food, school runs, football boots, prescription glasses, counselling sessions, exam fees.
- Weigh the parents' means: That means actual income + earning potential. A parent who chooses to work part‑time below qualification level may still be assessed on what he or she could earn.
Classic rulings such as Oxinou v Louis (2012) and Korellidis v Korellidi (2012) say the court's aim is to keep the child as close as possible to the lifestyle he or she would have enjoyed if the family had stayed intact. Precision down to the last cent is not required; reasonableness is.
3 | What counts—and what gets chopped
Judges readily allow:
- Essentials: food, clothing, utilities, healthcare, transport.
- Education: tuition, books, private lessons, laptops.
- Enrichment & leisure: sports subs, art classes, summer camps.
They push back when claims are inflated or weakly proven—think designer wardrobes or five‑star holidays without receipts. The onus is on both parents to give full and honest financial disclosure; hiding income usually backfires.
4 | Seasonal salaries, benefits and "phantom income"
- An employer‑paid 13th/14th salary often leads to a matching maintenance bonus.
- If a parent is deliberately under‑employed, the court may impute higher earnings based on qualifications and the job market—an approach borrowed from English cases like Klucinsky (1953) and adopted in Dimitriou v Perdiou (2005).
5 | Practical tips to keep the process sane
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Do |
Avoid |
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Keep a running file of receipts and bank statements. |
Turning the budget into a battleground—courts see through it. |
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Exchange payslips, tax returns and any proof of qualifications early. |
Under‑declaring income or "forgetting" a side hustle. |
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Build a review clause for big life changes (job loss, school switch). |
Expecting 100 % of every claim; judges often trim the fat. |
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Anchor every figure to the child's welfare, not parental rivalry. |
Treating maintenance as punishment or leverage. |
How Phoebus, Christos Clerides & Associates LLC can help
Our family‑law team blends courtroom experience with a negotiation‑first ethos to secure maintenance arrangements that are fair, enforceable and child‑centred. We:
- Audit incomes and budgets quickly, spotting hidden resources or overstated expenses.
- Draft clear, future‑proof consent orders that cover extras like 13th salaries and school‑fee spikes.
- Pursue or defend variation applications when life moves on—job loss, illness, new schools.
- Coordinate with tax and welfare advisers so that maintenance dovetails with state benefits.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
