Important Court Of Appeal Judgment On Child Maintenance: 4 Key Principles

The Court of Appeal of Cyprus issued a judgment on 15 May 2026 (Appeal No. 28/2025) that confirms and clarifies important principles regarding the maintenance of minor children. The decision concerns a dispute between parties who had entered into a cohabitation agreement and had two daughters.

The Basic Facts of the Case

The mother, a lawyer-owner of her own law firm, sought maintenance of €1,200 monthly for her two children, claiming total expenses of €2,846.66. The father, a contractor, claimed monthly income of €880 and offered €300. The Court of First Instance ordered €275 monthly per child, a decision that was appealed.

The Critical Issues Decided by the Court of Appeal

Cost of Childcare/Nanny

The Court of Appeal confirmed that the cost of a domestic helper/nanny constitutes a justified maintenance expense when:

• The arrangement existed prior to the separation of the parties
• The parent with custody works long hours (such as a lawyer with her own firm)
• The services relate to the care of the minors and the maintenance of their standard of living.

Residential Rent – The Proportion Attributable to Children

In one of the most significant rulings of the decision, the Court of Appeal confirmed that a portion of rent constitutes an expense for the children. Specifically:

• Rent that exceeds the cost of smaller accommodation in which the parent would reside alone is chargeable to the children (Decision L.L. v. I.S., Court of Appeal, Family Division No. 37/2015, dated 4 September 2018).
• In this case, two-thirds of the rent (€466.66 out of €700) is considered to be a reasonable proportion for two children.
• This principle is based on maintaining the standard of living that the children would have had if the parents had continued to cohabit.

Automatic 10% Increase – Article 38(2) of Law 216/90

The Court of Appeal clarified an important matter:

• The automatic increase in maintenance of 10% every 24 months applies even to retroactive orders.
• The Court is not required to make special mention of the increase – it arises directly from the Law
• Delay in resolving the dispute does not deprive the beneficiary of statutory rights.

Single Parent Allowance

The Court of Appeal confirmed the established legal principle that:

• The single parent allowance is credited to the income of the parent who receives it (Decision Markou v. Markou, Appeal No. 22/19, dated 24 June 2021)
• It is not deducted from the expenses of the children
• In this case, the allowance of €376 monthly that the mother received for six months (October 2022 – March 2023) was counted as part of her income, proportionally reducing the maintenance to €251 per child for that period.

Concluding Remark

The decision underscores the commitment of the Courts to maintain the standard of living of minors following the separation of their parents, taking into account the actual conditions of their residence and the financial capacity of both parents.

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.