- How long does the parents’ maintenance obligation towards children last?
- Cross-border recovery of maintenance
- When can the Centre help you recover maintenance from abroad?
- Procedure for recovery of maintenance from liable persons abroad through the Centre
How long does the parents’ maintenance obligation towards children last?
The parents’ maintenance obligation towards children subsists until the children are able to provide for their own living. When such a legal situation occurs depends on the circumstances of the specific case, while the decisive factors on the part of the children include their age, health condition, studies, ability to perform work, financial situation, etc. This is usually until the child completes preparation for a profession (studies), therefore it is necessary to submit to the Centre certificates proving continuation of the child’s studies.
Cross-border recovery of maintenance
You can contact the Centre for International Legal Protection of Children and Youth (www.cipc.gov.sk) to request assistance in recovering maintenance from a liable person abroad.
The Centre for International Legal Protection of Children and Youth carries out tasks as a designated body to implement international conventions and EU legal norms governing the recovery of maintenance from a liable persons abroad.
The Centre operates as the transmitting authority and receiving authority for recovering maintenance.
As the receiving authority, the Centre:
- receives applications for recovery of maintenance from a liable person in the territory of Slovakia,
- it takes steps to achieve that the maintenance is paid voluntarily,
- represents the claimant in enforcement proceedings,
- ensures the transfer and control of recovered payments to the claimant abroad.
As the transmitting authority, the Centre:
- provides legal aid in preparation of documents required to apply for the recognition and enforcement of a decision abroad,
- prepares the proposal for the recognition and enforcement of a decision,
- assists in the recognition process and subsequently in the enforcement process,
- provides control and transfer of maintenance payments to claimants in Slovakia.
When can the Centre help you recover maintenance from abroad?
The Centre can help you recover maintenance from abroad if:
- the place of residence of the liable person abroad is known (assistance is not possible if both the claimant and the liable person are in the same country),
- the country from which you are claiming maintenance is a European Union Member State or has ratified international conventions under which maintenance can be recovered from that country.
- the maintenance is determined by a decision of a Slovak court, or foreign court and this decision is final and enforceable,
- the liable person does not fulfil the maintenance obligation regularly or at all.
Procedure for recovery of maintenance from liable persons abroad through the Centre
You can contact the Centre by email (firstname.lastname@example.org) or telephone (+421 2 204 58 200).
Upon initial contact, you should describe your problem and then send to the Centre for the International Legal Protection of Children and Youth a request for assistance in recovering maintenance from abroad (only in Slovak) together with the judgement ordering maintenance. The Centre’s officer will explain to the applicant the procedure for maintenance recovery from abroad, which varies depending on the country where the liable person is located. The applicant receives detailed information on required documents and how to obtain them. When the application is complete, the Centre will transmit it abroad. Actions of the authorities abroad, which are competent for enforcement, depend on the legislation of the state concerned and on financial situation of the liable person.
The Centre will also advise the claimants of the possibility of applying for substitute maintenance if the liable person fails to pay maintenance. More information is available at Offices of Labour, Social Affairs and Family, and also in article.
The Centre will issue a certificate for the purposes of substitute maintenance:
- at the request of the person entitled before applying for substitute maintenance
- at the request of the relevant Office of Labour, Social Affairs and Family in accordance with Act No 201/2008 on substitute maintenance (only in Slovak)
The claimant is obliged to cooperate properly with the Centre, submit relevant documents as required and provide accurate information. If the claimant does not cooperate, the Centre and the foreign partner organisation are entitled to discontinue the procedure.
The Centre for International Legal Protection of Children and Youth provides consultation and assistance to claimants throughout the procedure. Where claimants need to consult additional information, they can turn to their legal representative (or the Centre for Legal Aid).
Last modified: 30. 10. 2020
Publication date: 17. 12. 2014
The responsible person:
Centre for International Legal Protection of Children and Youth
+421 2 204 58 200