Modification of Child Maintenance in Romania

Q: Can we agree on a different amount without going back to court?

You may reach an agreement in practice, but in legal terms the judgment remains the enforceable title. If you want a stable and secure change, it is advisable to have it confirmed by a new judgment or by an authentic deed subsequently recognised by the court, to avoid problems at enforcement stage.

Child maintenance (often called alimony in everyday language, although strictly speaking it is maintenance) is not a sum “set in stone” forever. Children’s and parents’ lives change: jobs are lost, incomes increase or decrease, other maintenance obligations appear, and the child’s expenses evolve with age or with the onset of health problems. The Romanian Civil Code allows such real changes to be reflected in the amount of maintenance, through an action for increase or reduction of the maintenance previously ordered.

At the same time, not every subjective dissatisfaction justifies such an action. The court does not “reopen” the divorce case or the initial maintenance case simply because one parent thinks the amount is “too high” or “too low”. The law requires you to prove that there have been significant changes compared to the situation at the time of the previous judgment, either in terms of the means of the parent who pays, or in terms of the needs of the child or of the person entitled to maintenance.

This article explains, in accessible language, when you can request modification of child maintenance, what exactly you must prove, what the procedure looks like, how courts deal with situations such as job loss or increased income and provides examples inspired by case law and court practice, with references to the Civil Code and useful resources.

1. Legal framework of maintenance and its modification

1.1. The maintenance obligation in the Civil Code

The starting point is the general maintenance obligation set out in Article 499 of the Civil Code, according to which parents are obliged to provide maintenance to their minor child, covering the necessities of life as well as education, schooling and vocational training. The text is explained in commentaries published on portals such as Legal-Land and LegeAZ.

This principle applies both during marriage and after divorce or separation of the parents. The maintenance obligation exists regardless of the relationship between the adults or whether the paying parent lives in the same country as the child or not.

1.2. How the amount of maintenance is determined

The amount of maintenance is mainly regulated by Article 529 of the Civil Code. It establishes two basic criteria:

the need of the person claiming maintenance (child, former spouse, other entitled person);
the means of the person who must pay maintenance.

When maintenance is owed by a parent to a child, the law sets maximum percentage thresholds from the parent’s net monthly income: up to one quarter for one child, one third for two children and one half for three or more children. The same percentages and the overall 50% maximum appear in other presentations of the text, for example on LegeAZ and codulcivil.ro.

1.3. From maintenance obligation to maintenance pension

In principle, the maintenance obligation is fulfilled “in kind”, by providing what is necessary for living and covering education and vocational training, according to Article 530 of the Civil Code. When this obligation is not fulfilled voluntarily in kind, the guardianship court orders payment of a maintenance pension, set in money.

Judicial practice and legal literature show that, in most cases between former spouses, the court directly orders child maintenance in money, either as a fixed amount or as a percentage of the net monthly income, as explained, for example, on avocat-popa.ro and Avocat Geanina Drian.

1.4. Date from which maintenance is due

Article 532 of the Civil Code provides that, as a rule, maintenance is due from the date of the statement of claim. Exceptionally, maintenance may also be granted for a prior period, if the court finds that filing the claim was delayed due to the debtor’s fault. This rule is detailed in articles on legislatie.info and in practical guides such as Gorun & Asociatii.

1.5. Modification of maintenance – Article 531 Civil Code

The key text for our topic is Article 531 of the Civil Code, which provides that if there is a change in the means of the person who provides maintenance and in the needs of the person receiving it, the guardianship court may increase or decrease the maintenance or order its termination. Maintenance set as a fixed amount is indexed by law, quarterly, based on the inflation rate.

Several essential ideas result from this provision:

modification is not automatic; it must be requested in court by the interested parent (creditor or debtor of maintenance);
a real and relevant change must be proved in the debtor’s means and/or in the child’s needs;
the court may order both increase and reduction or even termination of the obligation, depending on the concrete situation.

Court practice emphasizes that maintenance judgments have only “provisional” res judicata effect: they remain valid as long as the factual situation on which they were based does not change significantly. This idea appears in cases commented, for example, on avocatstoean.ro and on sauca.ro.

2. When you can request an increase in child maintenance

2.1. Increase in the child’s needs

As the child grows, their needs change. Expenses for food, clothing, educational activities, tutoring or extracurricular activities can increase significantly. In addition, special needs may arise, such as medical treatment or therapy. In such cases, the parent with whom the child lives can request an increase in maintenance, showing that the current amount no longer covers the child’s real needs.

Case law contains many decisions where courts have granted increased maintenance due to the increase in the child’s needs, including in cases of medical conditions requiring costly treatment, as shown in synthesis articles such as those on ionas-law.ro and Cabinet Avocat Moldoveanu.

Useful evidence to show an increase in needs includes:

invoices and receipts for school supplies, textbooks, tutoring, courses, school trips and camps;
proof of attendance in sports or artistic activities (subscriptions, equipment);
medical documents showing the need for treatment or therapy (prescriptions, medical letters, invoices for medicines or therapy sessions);
indicative monthly budgets of the child’s expenses (food, transport, activities).

2.2. Increase in the debtor parent’s income

Another common situation is where the income of the debtor parent rises significantly compared to when maintenance was set: they obtain a better-paid job, receive recurring bonuses, develop a business or earn income from rent or other activities. As long as the income is stable or recurrent, the court may consider that there are grounds for an increase.

Case law shows that not every temporary fluctuation matters, but only durable changes. Overview articles on increasing or reducing maintenance, such as those on avocat-popa.ro and avocatiasiduhnea.ro, stress that courts look not only at declared income but also at other indicators of the real standard of living (valuable assets, bank accounts, business activities).

Evidence to show increased income includes:

updated income certificates from the employer (obtained via the court or bailiff if the party refuses to present them);
tax authority (ANAF) reports on taxable income in recent years;
proof of valuable assets (new car, property, shareholdings in companies);
information on business activities or liberal professions (sole trader, limited liability company, individual law or medical practice, etc.).

2.3. Termination of other maintenance obligations or changes in family situation

Sometimes, the maintenance debtor points out that they have other children or other maintenance obligations. When some of these obligations cease over time (for example, a child reaches an age where they are no longer entitled to maintenance because they do not continue studies), the financial context changes. This change may support a request for increased maintenance made by the parent of another child.

The court will always connect the solution with the overall maximum of half of the net income laid down in Article 529(3) of the Civil Code and will analyse the relationship between the number of persons supported and the debtor’s income.

2.4. Difference between automatic indexation and actual increase

It is important to distinguish between automatic indexation of maintenance (as provided in Article 531(2) Civil Code) and an increase in the sense of Article 531(1). Maintenance set as a fixed sum is automatically indexed quarterly according to inflation, without the need for a new action. This rule is recognised in doctrine and on portals such as codulcivil.ro and in practice-oriented discussions such as avocatnet.ro.

An “actual” increase involves a structural change in the relationship between needs and means (for example, a doubling of the debtor’s income or the onset of major new expenses for the child) and can only be ordered through a separate action for increase of maintenance, in which evidence is taken and a new judgment is issued.

3. When you can request a reduction in child maintenance

3.1. Job loss or substantial reduction in income

The most frequent reason for a reduction request is job loss or a significant decrease in income. It is important to stress that a simple statement such as “I lost my job” is not enough. The court will check whether this situation is:

real (proved by documents, not just claimed verbally);
serious (not a very brief interval between two jobs);
without serious fault (not resulting from repeated voluntary resignations without cause or persistent refusal to work).

Case law on reducing maintenance shows that courts do not automatically reduce maintenance at the first sign of difficulty; they examine the actual circumstances, including the existence of benefits (unemployment allowance, disability benefits), other income or significant savings. One example is a case discussed on avocatstoean.ro, where the claimant also relied on disability benefits.

3.2. Emergence of new maintenance obligations (other children)

Another frequently cited reason is the arrival of other children (from a new relationship) or maintenance obligations towards other family members. The Civil Code generally provides that maintenance must be divided between entitled persons, respecting the maximum of half the net income. If the debtor can show that, after the initial judgment, the number of persons they support has significantly increased and that their income has not risen accordingly, the court may decide to reduce maintenance for one child to avoid exceeding the legal limit and to avoid an obvious imbalance.

3.3. Serious health problems and incapacity to work

Severe illness, disability or other medical conditions that greatly affect the debtor’s capacity to work may justify a reduction in maintenance in some circumstances. The court will look at:

diagnosis and disability grade (official medical documents);
possible pension or disability benefits;
regular and unavoidable medical expenses.

Even in such situations, reductions are not automatic: the court will also consider that the child’s needs remain a priority, as results from commentaries and cases summarised on sites such as avocatiasiduhnea.ro.

3.4. Examples from case law on reductions

Case law portals such as jurisprudenta.com and LegeAZ contain many judgments on decrease or increase of maintenance. In one case published on jurisprudenta.com, the court reduced maintenance from 25% to 20% of net income, after analysing both the debtor’s current income and the fact that he was also supporting another child.

In other cases, available on sites such as euroavocatura.ro, courts analysed whether termination of the employment contract actually made it impossible to maintain the existing maintenance amount, taking into account benefits such as severance pay or other sources of income.

4. What must be proved in an action for modification of maintenance

4.1. Key elements: “means” and “need”

Article 531 of the Civil Code makes any modification of maintenance conditional on a change in the means of the person who pays and the needs of the person who receives. In practice, this means:

if you are seeking an increase, you will insist on the increase in the child’s needs (or those of the entitled person) and/or on the increase in the debtor’s means;
if you are seeking a reduction, you will insist on the decrease in income or the emergence of new obligations, while acknowledging that the child’s needs remain the priority.

The court compares the current situation with that at the time the maintenance was set, to determine whether the change is sufficiently significant to justify its intervention.

4.2. Usual types of evidence

In an action for modification of maintenance, evidence is crucial and usually includes:

documents on income: salary certificates, employment contracts, tax forms, ANAF summaries, pension statements, bank statements;
documents on expenses: invoices and receipts for the child’s expenses (education, health, extracurricular activities), the debtor’s medical expenses, rent, loan instalments;
the previous judgment ordering maintenance and any subsequent decisions (e.g. on parental authority, other maintenance obligations);
witnesses, in specific situations, to confirm how the parent actually contributes to or fails to contribute to maintenance;
social services reports or opinions from the guardianship authority, especially when minors are involved.

4.3. Burden of proof

As a rule, the party seeking modification must prove that circumstances have changed. However, the court may also order evidence of its own motion (for example, letters to ANAF or the employer), especially when the debtor does not cooperate.

The opposing party may also produce evidence to the contrary (for example, showing that the debtor’s income has not dropped as much as claimed or that they have additional sources of income not included in the initial statements).

4.4. Date from which the new amount applies

As a general rule, both in the case of the initial setting of maintenance and in the case of modification, Article 532 Civil Code applies: maintenance, at the modified amount, is due from the date the claim was filed. Exceptionally, the court may award the modified maintenance for a prior period if delay in filing the claim was due to the debtor’s fault (for example, the debtor hid income or abusively blocked the other parent’s efforts).

This aspect is also discussed in cases and analyses published on avocatdrian.ro and avocat-tudor-barau.ro, where authors emphasise that, usually, the effective date is the date of the claim, not the date of the judgment.

5. Procedure for modification of child maintenance

5.1. Court with jurisdiction

Jurisdiction lies with the guardianship court, i.e. the district court (judecatorie) at the child’s domicile or at the place where the family case (divorce, parental authority) was heard, depending on the situation and on the jurisdictional rules in the Civil Procedure Code. In practice, most actions are brought before the district court at the minor’s domicile.

5.2. Content of the statement of claim

The claim for modification should generally contain:

identification data of the parties (maintenance creditor parent and maintenance debtor parent, and the child);
a reference to the prior judgment ordering maintenance (number, date, court);
a description of the new circumstances (increase in needs, changes in income, health problems, new maintenance obligations, etc.);
clear claims (increase from amount X to amount Y or from a certain percentage to another, or a corresponding reduction);
the proposed evidence (documents, letters to institutions, witnesses, social services reports).

Model claims and practical explanations can be found on legal information sites such as indrumari-juridice.eu and in specialist articles on modification of maintenance published by various law firms.

5.3. Stages of the proceedings

In short, the procedure follows the typical steps of a civil case:

filing of the statement of claim with the district court and setting the first hearing date;
service of the claim on the opposing party, who may file a statement of defence;
definition of the evidentiary framework (documents, letters to ANAF, employers, possibly to social security authorities for other benefits, witnesses);
the hearing itself (arguments presented in open court or, where applicable, in closed session);
delivery of the judgment, with the possibility of appeal.

Throughout the proceedings, the court keeps the child’s best interests in mind, even if the action is formally a “modification of maintenance” and not a divorce or parental authority case.

6. Practical examples: how courts view concrete situations

6.1. Job loss – request for reduction

Imagine a parent ordered to pay maintenance of 25% of net income, who loses their job and begins receiving unemployment benefits. They file a reduction claim, arguing that they can no longer afford the same amount. The court will examine:

the duration of unemployment (a few weeks or more than a year);
the existence of unemployment benefits or other sources of income (rent, savings, significant family support);
whether the debtor is actively seeking new employment or repeatedly refusing reasonable offers;
any health issues explaining genuine difficulty in working.

In some cases, courts have accepted reductions; in others they have rejected them, finding that the debtor could find work or had other resources. Similar cases are described on avocatstoean.ro and euroavocatura.ro.

6.2. Significant increase in income – request for increase

In another scenario, the debtor parent changes job and earns two to three times more than at the time maintenance was set. The parent with whom the child lives requests an increase, arguing that the current amount (for example 200 RON) is derisory in relation to actual expenses and to the debtor’s income.

The court will consider the new salary certificates, any recurring bonuses, and reassess maintenance against the thresholds of one quarter, one third or one half of net income. In practice, as shown in decisions on LegeAZ and on specialist sites such as avocatiasiduhnea.ro, courts have granted increases where the income difference was clearly proven and stable.

6.3. Special needs of the child – costly medical treatment

Another example: the child is diagnosed with a chronic condition requiring periodic treatment, therapy and possibly travel to clinics in other cities. Monthly expenses rise significantly. The creditor parent submits medical letters, prescriptions, invoices and treatment plans.

In many such cases, courts have granted increased maintenance, stressing that parents’ obligations cover not only “bare subsistence” but also the expenses required for the child’s health and recovery, as appears from analyses published on the above specialist sites.

7. Common mistakes and myths about child maintenance

7.1. “I lost my job, so my maintenance is automatically reduced”

False. The court does not apply a reduction automatically. It will seek evidence, assess whether job loss is temporary, check for unemployment benefits or other income, and look at the efforts made to find new employment, while keeping the child’s needs in focus. A simple absence of salary income for a while does not automatically cancel the legal maintenance obligation.

7.2. “I had another child, so the maintenance for the first one must be reduced”

Not necessarily. The arrival of a new child can be a relevant factor, but the court will not automatically “sacrifice” the rights of the first child. It will look at total income, the number of persons supported and the overall 50% cap of net income for maintenance obligations. If income has increased meanwhile, the court may consider that no reduction is justified.

7.3. “We agreed verbally that I would pay less, so the judgment no longer matters”

In law, the judgment matters. A verbal agreement does not modify the judgment and does not protect the debtor against enforcement or even a potential criminal complaint for family abandonment. Any stable and long-term change should be confirmed by a new judgment or, at least, by an authenticated agreement followed by court approval, depending on the situation.

7.4. “I can waive the child’s maintenance for the future”

No. The Civil Code prohibits, through provisions such as those explained on avocatdrian.ro, waiving the right to maintenance for the future. Maintenance is the child’s right, not the receiving parent’s “favour”. Even if the creditor parent signs such an “agreement”, it is generally void insofar as it affects the child’s rights.

8. Conclusions: when it is worth requesting modification of maintenance

Modification of child maintenance is neither a mere formality nor a tool for retaliation between former partners. It is a legal mechanism designed to adapt, over time, the parents’ financial contribution to the child’s real needs and to the debtor’s real income.

You should consider an action for modification when:

several years have passed since maintenance was set and the child’s needs have clearly increased;
the debtor’s income has risen or fallen substantially and in a lasting way;
important medical or educational expenses have arisen which could not be foreseen at the time of the judgment;
the family situation has changed (new maintenance obligations, termination of others, etc.).

In all cases, the key is to prove the change in circumstances. The better you prepare your case (documents, evidence, clear explanations), the greater the chances that the court will find that the previously set maintenance no longer corresponds to reality and will order a reasonable increase or reduction.

9. FAQ – Frequently Asked Questions about Increasing or Reducing Child Maintenance

1. Under what conditions can I request an increase in child maintenance?

You can request an increase if you prove that, after the initial judgment, the child’s needs have significantly increased (age, school, tutoring, health problems) and/or the debtor parent’s means have increased (higher income, other sources of income, termination of other maintenance obligations). The change must be real and proven, not just asserted in general terms.

2. In what situations can maintenance be reduced?

A reduction may be requested if the debtor’s income decreases significantly and in a lasting way (job loss, salary reduction, incapacity to work), if new significant maintenance obligations arise or if new circumstances make it impossible to maintain the previous amount, without ignoring the child’s needs.

3. From what date does the modified maintenance amount apply?

As a rule, maintenance at the new amount is due from the date the claim is filed. Only in exceptional cases, if delay in filing the action is due to the debtor’s fault, may the court set maintenance for an earlier period.

4. Is it enough to show that I lost my job to obtain a reduction?

Not necessarily. The court will check the duration of unemployment, whether you receive unemployment benefits or other income, the reasons for losing your job and your genuine efforts to find new employment. Temporary job loss, on its own, does not guarantee a reduction in maintenance.

5. What if my salary has increased but I also have a new child?

The court will consider the overall situation: current income, total number of children and other dependants, the existing maintenance amount. There is no automatic rule to reduce or maintain maintenance; the solution will depend on the Civil Code limits (maximum half the net income) and the interests of all children.

6. Can we agree between ourselves on a higher or lower amount without going to court?

In practice, you may agree on an amount, but from a legal standpoint, the judgment remains the enforceable title. If you want a stable and secure change, it is advisable to have it confirmed by a new judgment or, where possible, by an authentic deed subsequently recognised by the court, to avoid problems at enforcement stage.

7. Can I waive my child’s maintenance?

No. The law prohibits waiving the right to maintenance for the future, and maintenance is the child’s right, not the receiving parent’s. Any waiver signed by the parent would not prevent the child from later claiming maintenance, and the debtor cannot rely on such a waiver to avoid legal obligations.

8. How often can I request modification of maintenance?

The Civil Code does not set a fixed interval, but in practice courts expect a reasonable period between claims (usually at least a year or more), except in situations of sudden and major change (serious illness, permanent job loss, relocation abroad etc.). The important thing is that the factual situation has genuinely changed between successive claims.