Neglected obligatory children maintenance

Parent´s maintenance obligation towards his under-aged child/ dependant adult child represents the parent´s legal obligation.

Should parent/ s fail to provide maintenance to his/ their children, entitled person (parent taking care of a child, a person taking care of a child/ dependant adult child) can claim at the competent court for determination of maintenance cost.

Should the obliged person fail to provide maintenance to his/ their children based on valid court decision, the entitled person can claim at the competent court for ordering the decision execution.

Competent staff of the Department of Social-Legal Protection of Children and Social Tutorship will provide you with consultations and assistance.  

If a parent or other physical individual ordered to pay maintenance for a dependent child through a valid court decision/ agreement approved by the court fails to fulfill this obligation in full extent, on timely manner and in a way determined in the valid court decision within three consecutive months from the last maintenance installment due date, it will be possible to apply for provision of substitute maintenance pay at the Office of Labour, Social Affairs and Family SR, Department of Destitute Support, according to the child´s permanent address.  

Applicant for provision of substitute maintenance pay can refer to: child parent, other physical individual to whose care the child was entrusted or an adult dependent child.

A child is entitled to of substitute maintenance pay in the following cases:

-          if the obliged person fails to fulfill his maintenance duty in full extent, on timely manner and in a way determined in the valid court decision/ / agreement approved by the court within three consecutive months from the last maintenance installment due date and if concurrently the bailiff proceedings have taken at least 3 months from delivery of proposed bailout execution to the bailiff,

-          the child properly attends school, if applicable

-          the child has permanent address and stays in the Slovak Republic territory except for staying abroad for the study purposes, 

-          if the average monthly income of the obliged person for the last 6 calendar months preceding the calendar month when application for substitute maintenance pay was filed doesn´t exceed 2,2-times the alimony minimum.

If the obliged person only partially fulfils the maintenance duty, the substitute maintenance pay shall be provided in amount corresponding to the difference between the amount determined in the valid court decision/ / agreement approved by the court (accepted in amount max. 1,2 times the alimony minimum per a dependent child) and amount of already paid maintenance.

Applicant for provision of substitute maintenance pay shall file a written application at the Office of Labor, Social Matters and Family SR, Department of Destitute Support, according to the child´s permanent address.  


 

Dátum vytvorenia stránky: 29.01.2013
Dátum aktualizácie: 09.08.2018
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