2011 October 5, city Plunge, DISTRICT COURT OF DISTRICT OF PLUNGE, DECISION

 Stamp:
THE CASE IS NOT LEGALIZED

Civil case no. 2-53-225/2011
Process no. 2-33-3-01301-2010-9
Category of procedural procedur
76.4; 78.2.1; 99.7; 116.1; 125.3.

DISTRICT COURT OF DISTRICT OF PLUNGE
DECISION
ON BEHALF OF THE REPUBLIC OF LITHUANIA
in 2011 October 5
city Plunge

The judge Aldona Burbiene  of the district court of Plunges district,
with Inga Paulikaita as secretary,
in the presence of the plaintiff Grazina Korenevskiene and in the presence of the representative of the Rietava municipal administration VTAS /Municipal Administration of Rietavas Child Rights Protection Service/ of Ramune Sabeckkiene, in the open session of the courtdid  examined the civil case according to the claim of the plaintiff Grazina Korenevskiene against the defendant Giedrius Pundinas regarding the determination of paternity and the award of maintenance to a minor child,
The Court decisioned:
 The plaintiff asks to determine that to her daughter Helena, b. On 11/01/2010, the father is Giedrius Pundinas, to the defendant's daughter asks for alimony in the amount of 400 litas monthly from the daughter's birth until she reaches adulthood, this amount she is asked to be indexed annually in the manner prescribed Lithuanian. She indicates that in 2008, after the relationship between her and her ex-husband K. Korenevskij had deteriorated, she and their 2 children moved in with the defendant. After the termination of her and K. Korenevskij's marriage, her childrens place of residence was determined together with K. Korenevskij, while she remained living with the defendant. However, due to the inappropriate behavior of the accused - constant drunkenness and violence, in 2009, in the Spring was back coming to her ex-spouse. Almost a month after the back coming, she visited the doctor and found out that she was expecting a baby, the pregnancy was 3 months old. The defendant knew about the fact that she was pregnant with his child, he was also aware of the birth of his daughter, but he not was interested in the child and did not provide any support. Also The plaintiff asks the defendant to pay the litigation costs incurred by her.
 There was no response from the defendant to the statement of claim, in his explanation to the police officer on 14.01.2011, he stated that G. Korenevskiene is his ex-partner, he knew nothing about the claimant's claims regarding paternity.
  The representative of the child rights protection department of the Plunges district municipality administration asks for the claim to be satisfied.
 The claim is partially satisfied.
 Article 3.148 of the Civil Code. provides that the basis for establishing paternity, in addition to scientific evidence, may be demonstrative facts that reliably confirm paternity.
 It can be seen from the plaintiff's explanation that the plaintiff and the defendant lived together for about a year as married of common-law, and the plaintiff became pregnant while they were living together. The circumstances stated in these claims were confirmed by witnesses K. Korenevskij, M. Valiukaitis. The defendant G. Pundinas also admitted in the explanation of 14.01.2011 that he and G. Korenevskiene lived together, when they started to disagree, G. Korenevskiene went to her ex-husband. It can be seen from the testimony of the witness S. Stonienes that G. Pundinas knew that G. Korenevskine was pregnant with his child, but he did not acknowledge the child after his birth.
 The representative of the Child Rights Protection Service of the Rietava municipality administration also confirmed that the plaintiff lived with G. Pundin in 2008-2009, and even before the birth of her daughter, she had indicated to the child protection department that she was pregnant with G. Pundin's child. It can be concluded that the evidence collected in the case as a whole confirms the circumstances stated by the plaintiff.
  There is a basis to satisfy the claim and establish that the defendant G.Pundinas is the father of the plaintiff's daughter Helena, born on 11-01-2010 (Civil Code 3.146 art. 1)
 Parents must financially support their minor children (Art. 3.192 of the Civil Code).
 Since the defendant is fully aiming for support for the maintenance of his daughter, the claim for maintenance must be satisfied.
 Article 3.192 of the Civil Code is used to determine the maintenance amount. part 2 we determine that the amount of child support directly depends on the financial situation of the parents and must ensure the necessary conditions for the child's development. According to SoDra /TheState Social Insurance of Lithuania/ data, the defendant does not work, but, as can be seen from the explanation, he is able-bodied and has the opportunity to find job and work a job which will ensure sufficient income for him and his child. After assessing the defendant's ability to provide support, the child's age and needs for this child, the amount of support can be determined in periodic payments of 250 LTL each month. The plaintiff asks to be awarded 400 LTL per month, but has not provided proof that the defendant can afford maintenance from this amount.   
 Article 3.200 of the Civil Code stipulates that maintenance is awardedfrom the date of entry into force of the court decision on maintenance. Having established that the defendant has not provided maintenance to his daughter Helena since her birth and the daughter has supported the claimant at her expense, the defendant is liable for arrears of maintenance since 2010 January 11 until the day of the hearing in court, 2010-08-04. Also the defendant is liable for litigation costs to be awarded the defendant to the plaintiff from(Code of Civil Procedure, Article 93, p. 1) and a nominal fee, from which the state is exempted the plaintiff and the postage costs (Code of Civil Procedure, Art. 88, p. 1, par. 3, p. 3; Art. 96, p. 1).


 Pursuant to Article 259 of the Civil Code of the Republic of Lithuania, the court decides:
    the claim to partially satisfied.
    To establish that Giedrius Pundinas, personal code 37801121183, is Father of Helena Korenevskyte, birst 2010 January 11, .
    Giedrius Pundin, personal code 37801121183,  sentenced  maintenance daughter Helena, birst 2010 on January 11, after 250 Lt per month from the time of filing to the court on 08/04/2010 until Helena comes of age, this amount is indexed every year according to the procedure established by the Government, taking into account inflation, so wanted by Grazina Korenevskiene.
    This the decision on the urgent enforcement of maintenance.
    Also court sentenced Giedrias Pundinas, maintenance debt 1685.38 Lt for the period from 2010 January 11 until 2010 August 4
    The rest of the claim is dismissed
    From Giedrias Pundinas, 129.70 Lt litigation costs were awarded to Grazina Korenevskiene and 221 Lt state duty and 36.72 Lt postal costs, a total of 257.72 Lt.
    The decision maybe is appealed within 30 days to the Klaipeda District Court through the district court of Plunge district.


   Judge Aldona Burbiene
   Stamp - is real copy, Judge Aldona Burbiene, 2011-10-05, Signature