Enforcement of maintenance arrear

Child maintenance is a legal and moral obligation as well.

A parent has the financial responsibility and obligation to provide maintenance for the minor child and falling into arrears or failing to pay has several consequences.


If there is a final decision about the child support, the caretaker parent can initiate an enforcement procedure to collect the arrears, and a criminal procedure can be started as well.

Enforcement procedure

In the course of enforcement, the state basically compels the debtor to fulfill his obligation (in this case: to fulfill the obligation to pay maintenance.) The court will issue an enforceable document at the request of the person seeking enforcement. The application must state the name of the debtor, the data necessary for identification and the place of residence. The applicant for enforcement indicates which of the debtor's assets he is applying for enforcement of. This may involve wages (up to half of the net wage may be enforced), amounts managed by a payment service provider (for example, in the case of larger amounts in a separate parent's bank account), movables (one item of higher value) and, ultimately, real estate.

If it turns out that the parent who is obliged to pay child support has no money or property, enforcement ends without success. What can the caretaker parent do in this case? It is possible to request an advance payment of child support by the state. The threefold conditions are as follows:

  • there is a final court decision,
  • it is temporarily impossible to recover maintenance,
  • the average monthly income per capita in the family does not exceed a certain amount.

In this sitatuion, the guardianship office will start paying the amount determined on the basis of the special system of conditions to the parent. The advance payment lasts as long as the conditions are met, but for a maximum of 3 years.

For further queries regarding assistance with maintenance arrears and parental and child rights please contact me here >>

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