Child Custody

Maintenance during pregnancy

In cases where the future father and mother do not have a relationship, not being, inter alia, married to each other, it may happen that the future father does not voluntarily contribute to the expenses that result from pregnancy.

Such expenses can be several, from medical consultations examinations to special food or care that, by medical recommendation, the future mother is obliged to observe, including the purchase of clothes and all the paraphernalia of accessories that a baby needs during early life.

What happens in cases where the future father refuses to contribute to the expenses of the pregnancy?

Are pregnant women entitled to alimony or maintenance?

Article 1884 of the Civil Code provides that the father is obliged to provide maintenance to the mother from the period of pregnancy and until the first year of the baby’s life.

The mother interested in having a maintenance pension fixed during pregnancy period, must, for this purpose, bring legal action against the future father. The pension is due until the end of the child’s first year of life.

After the child’s birth, and if there is no agreement between the parents regarding custody arrangement, the mother may bring a new lawsuit against the father, this time with the purpose of deciding custody and maintenance. The amount thus stipulated shall be in place until the child’s 25th birthday.

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