Short answer: Parents must support their minor children (Family Code, Article 75.1). They can do so under a notarised maintenance agreement or through the courts (Articles 75.3–75.4 and 94). Without an agreement, a court orders monthly payment of one quarter of the parent's earnings and other income for one child, one third for two children and one half for three or more (Article 76.1). If income is irregular, received in kind or in foreign currency, the court may set a fixed monthly sum instead (Article 78). Maintenance runs from the date the claim is filed, and arrears for past periods are limited to three years (Article 100). Malicious evasion is a criminal offence (Criminal Code, Article 176).
The parents' duty: agreement or court order
Parents decide for themselves how they support their children (Article 75.2). If they cannot agree, there are two routes:
| Issue | Maintenance agreement | Court order |
|---|---|---|
| Form | In writing and notarised (Article 94.2) | Statement of claim and court judgment (Article 99) |
| Amount | Agreed by the parties, but for a child not less than a court could award (Articles 97.1–97.2) | Share of income (Article 76) or fixed sum (Article 78) |
| Method of payment | Share of income, fixed monthly sum, lump sum, transfer of property, etc. (Article 98.2) | Monthly deduction |
| Enforcement | Has the force of a writ of execution (Article 94.3) | Under a writ of execution |
| Changes | By mutual agreement, again notarised; unilateral refusal not allowed (Articles 95.2–95.3) | By the court if family or financial circumstances change (Article 112.1) |
An agreement that harms the child's interests can be challenged (Article 96). Terms about children cannot be included in a marriage contract; see our article on marriage contracts.
How the court sets child support
| Number of children | Share of earnings and other income | Basis |
|---|---|---|
| 1 child | one quarter (1/4) | Article 76.1.1 |
| 2 children | one third (1/3) | Article 76.1.2 |
| 3 or more children | one half (1/2) | Article 76.1.3 |
The court may reduce or increase these shares in view of the parties' family and financial circumstances and other relevant factors (Article 76.2).
Fixed sum. Where the payer's income is irregular or variable, is received wholly or partly in kind or in foreign currency, where there is no income, or where a percentage deduction would seriously harm either party, the court may set a fixed monthly sum, or a fixed sum combined with a share of income (Article 78.1). The amount aims to preserve, as far as possible, the child's previous standard of living (Article 78.2).
Which income counts. The types of earnings and other income, in manats and in foreign currency, from which child support is deducted are listed by the relevant executive authority, the Cabinet of Ministers (Article 77). According to the tax authority, maintenance is calculated from the payer's income after taxes have been withheld. For the recipient, maintenance is exempt from income tax (Tax Code, Article 102.1.5).
Who else can claim maintenance
| Who | Conditions | Basis |
|---|---|---|
| Adult child | Unable to work and in need; fixed monthly sum | Article 80 |
| Spouse (during marriage) | A spouse unable to work and in need; a wife during pregnancy and for three years after the birth of a common child; a needy spouse caring for a common child with a disability | Article 84.2 |
| Former spouse | Pregnancy and until the child is three; caring for a common child with a disability; loss of capacity to work before divorce or within one year after it; reaching pension age within five years of divorce after a long marriage | Article 85.1 |
| Parents | Adult children must support parents who cannot work and are in need | Article 82 |
Spousal maintenance is payable only if the payer has the necessary means, and it is set as a fixed monthly sum (Articles 84.2, 85.1 and 86). A court may release a spouse from the duty or limit it in time if the claimant lost the ability to work through alcohol, drugs or a deliberate crime, if the claimant behaved unworthily in the family, or if the marriage was short (Article 87). It ends when the needy spouse remarries (Article 113.2.5). No maintenance is owed to a parent deprived of parental rights (Article 82.6). For the divorce process, see our article on divorce, child support and property division.
Past periods, arrears, penalties and indexation
- Past periods. Maintenance is due from the date the claim is filed (Article 100.2). If the claimant shows that they tried to obtain support earlier and the payer evaded it, maintenance for a past period of up to three years may be awarded (Article 100.3).
- Late presentation of the writ. Maintenance for the period before presentation is recoverable for up to three years; if non-payment was the payer's fault, there is no time limit (Articles 106.1–106.2).
- Calculating arrears. The enforcement officer calculates the debt (Article 106.3). If the payer did not work or cannot prove their income, arrears are based on the national average wage (Article 106.4).
- Penalty. If arrears under a court judgment arise through the payer's fault, the payer owes a penalty for each day of delay (Article 108.2).
- Indexation. Fixed-sum maintenance is indexed in proportion to increases in the minimum wage; for this purpose the court expresses the amount as a multiple of the minimum wage (Article 110). If an agreement sets no indexation rule, Article 110 applies (Article 97.3).
Enforcement: the enforcement officer, salary deductions and liability
The notarised agreement or writ of execution is submitted to the enforcement officer. The employer deducts maintenance from wages every month and sends it to the recipient no later than three days after payday (Article 102). If the payer leaves the job, the employer must notify the enforcement officer; the payer must report a change of job or address (Article 104). If income is insufficient, recovery extends to bank accounts and other property (Article 105).
Deduction limits. As a general rule, deductions from wages are capped at 20%, or 50% where the law provides, but these caps do not apply to maintenance (Labour Code, Article 176). Law No. 332-VIIQD of 30 December 2025 added to Article 176.3 that in such cases deductions may not exceed 70% of the wages due. Article 65 of the Law on Enforcement also sets a 70% ceiling for maintenance deductions (Ministry of Justice guidance).
Liability. According to the Ministry of Justice, a debtor who ignores the enforcement officer's lawful demands is first liable under Article 528.1 of the Code of Administrative Offences, and for repeated malicious non-compliance under Article 306 of the Criminal Code. Malicious evasion of court-ordered child support by a working parent is a separate crime: a fine, community service, corrective labour or imprisonment of up to six months (Criminal Code, Article 176.1).
Changes in 2024–2026
The 2024–2025 amendments did not change maintenance shares or time limits. Law No. 172-VIIQD (11 April 2025) only updated the disability terminology in Articles 81.1, 84.2.3 and 85.1.2. The main change is the 70% ceiling in the Labour Code.
Practical steps and documents
- Try to agree first: set out the amount, date, method and indexation and have it notarised.
- If there is no agreement, file a claim in court and ask for interim maintenance until judgment.
- If the payer's income is informal or in foreign currency, ask for a fixed sum.
- Obtain the writ of execution and submit it to the enforcement officer.
- If payments stop, ask for the arrears to be calculated and pursue penalties and liability measures.
Documents: identity cards; the child's birth certificate; marriage or divorce certificate; proof of residence; information on the payer's income; receipts for the child's expenses; disability certificate (where relevant); correspondence showing the payer's evasion.
Checklist: the agreement is notarised; the amount is not below the Article 76 share; indexation is included; the writ has reached the employer; arrears have been checked against the three-year limit.
Frequently asked questions
How much is child support for one child?
Without an agreement, one quarter of the payer's earnings and other income. The court may reduce or increase this share (Article 76).
Is a maintenance agreement valid without a notary?
No. It must be in writing and notarised; once notarised it has the force of a writ of execution (Articles 94.2–94.3).
Can I claim support for past years?
As a rule, maintenance runs from the date of the claim. If you prove the payer evaded payment, up to three years of past maintenance may be awarded (Article 100.3).
What if the payer has no official job?
The court may set a fixed monthly sum (Article 78), and arrears may be calculated on the national average wage (Article 106.4).
How much of a salary can be deducted?
At most 70% (Labour Code, Article 176.3).
When does child support end?
When the child turns 18, is adopted, when either party dies, and in other cases set by law (Article 113.2).
How we can help
Affidacons drafts maintenance agreements, represents clients in court on maintenance, arrears, penalty and variation claims, and follows enforcement proceedings. See our litigation and legal representation service or contact us.
This article is general information and does not constitute legal advice. It is based on Articles 75–113 of the Family Code of the Republic of Azerbaijan, Article 176 of the Labour Code (including the amendment made by Law No. 332-VIIQD of 30 December 2025), Articles 176 and 306 of the Criminal Code, Article 102.1.5 of the Tax Code and official guidance from the Ministry of Justice (November 2026); legislation may change. Obtain advice on your specific circumstances before acting.
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