When do parents have maintenance obligation towards children?

The maintenance obligation of parents towards their children is a legal duty that applies as long as the children are unable to support themselves. Whether or not parents have a continued maintenance obligation from a legal point of view depends on circumstances of each and every case.  However, there are other decisive factors to consider, such as the child's age, health, education, ability to work, financial situation, and others. As a rule, the maintenance obligation applies throughout the child’s training for a future job (as a university student).

Cross-border enforcement of maintenance

If you are looking to enforce maintenance from abroad, you may contact the Slovak Center for International Protection of Children and Youth (www.cipc.gov.sk) and ask for assistance. The Center for International Protection of Children and Youth (CIPC) serves as an agency designated to implement international conventions and EU laws regulating the cross-border enforcement of maintenance. As for the latter, CIPC takes on the role of both a receiving and a transmitting agency.

As a receiving agency, CIPC:

• accepts applications from abroad in respect of enforcement of maintenance to be paid by a payor who is in Slovakia;
• takes steps so that the maintenance is paid voluntarily;
• represents the applicant in enforcement proceedings;
• oversees payment transfers and controls maintenance paid to a beneficiary abroad.

As a transmitting agency, CIPC:

• offers legal assistance in order to prepare required documents to file a court petition for recognition and enforcement of an order in abroad;
• prepares a detailed petition for recognition and enforcement of an order;
• offers full assistance throughout the recognition and enforcement proceedings;
• oversees payment transfers and controls maintenance paid to a beneficiary in Slovakia.

When to approach CIPC to assist with enforcement of maintenance from abroad?

CIPC may assist with enforcement of maintenance from abroad, if:

• the payor is abroad and the beneficiary is in Slovakia (this may not apply to cases where both the payor and beneficiary are in the same country);
• the maintenance is sought from a country that is a EU Member State, or has ratified international conventions that allow for enforcement of maintenance;
• the maintenance is ordered by a Slovak or a foreign court and such court order is final and enforceable, or if the maintenance order is sought to be made abroad;
• the payor falls behind with or fails to make maintenance payments at all.

CIPC procedure to enforce maintenance from abroad

As an applicant, you may contact CIPC by email (info@cipc.gov.sk) or by phone (+421 2 204 58 200).

During the initial contact you will be asked to describe your issue and then send your formal application and your maintenance court order. The CIPC officer will explain to you the enforcement procedure, which may differ from country to country depending on where the payor is located. You will be advised as to which documents need to be prepared and how to obtain them. Once your application is complete, CIPC will send your application abroad for further procedure. Please, be advised that all foreign procedures are subject to national law of a given state, and CIPC has therefore limited control over the process and speed. The success of enforcement will depend on several factors, including the steps taken by a given country, the payor's financial situation and his/her willingness to cooperate, the flexibility of courts and other authorities in their decisions, or any other circumstances.

CIPC will also advise about the possibility to seek assistance from the competent Labor Office (Úrad práce, sociálnych vecí a rodiny) having jurisdiction in the location of the beneficiary's residence and file for a state-paid maintenance (náhradné výživné) in cases where the payor fails to pay regular maintenance. For more information, please ask your Labor Office or refer to a separate article. CIPC will issue required confirmations for the aforesaid proceeding.

Throughout the procedure, you are expected to provide cooperation, bring required documents if needed and any information you give us must be true. If you fail to cooperate, CIPC as well as the foreign partner agency will be entitled to end the procedure.

CIPC will offer help and assistance to you throughout the entire procedure. If you need to consult additional information, you may ask your legal counsel (or Legal Aid Center).