When One Parent Doesn’t Pay Child Support

Quick Overview:To collect child support, you need an enforceable judgment, typically a court judgment or a court-approved child support agreement. Child support is generally due monthly in advance, and late payment interest may be charged in the event of a delay. If a parent fails to pay, you can file a petition for enforcement or court-ordered execution of the judgment and subsequently apply for substitute child support from the Labor Office. Starting in 2026, the criminal offense of failure to pay child support will be defined more narrowly: nonpayment must last longer than four months and, at the same time, must place the entitled person in a state of distress.

First, you need a child support order

If the other parent does not pay voluntarily, the first question is: do you have an enforceable decision in hand? A verbal agreement between the parents, a text message, or a promise to send a certain amount is not sufficient.

To enforce payment, you need an enforcement order. This is most often a court judgment on child support or a court-approved agreement between the parents. It must clearly state who is to pay child support, to whom, in what amount, and when. For minor children, child support is usually paid to the parent who has custody of the child, or as otherwise determined by the court in its ruling.

Child support is paid in regular installments and is always due one month in advance, unless the court has ruled otherwise or the parents have agreed otherwise. If the parent obligated to pay is late, the recipient may also claim interest on late payments.

If you do not yet have a child support order, you must file a petition with the court. In the case of child support , payments may be awarded retroactively, up to a maximum of three years from the start of the court proceedings. Therefore, it is not advisable to wait too long.

What to Do If a Parent Stops Paying

As soon as a parent fails to pay child support on time, a debt is incurred. In practice, we recommend acting quickly but prudently. First, get an overview of the payments. Make a list of the months for which child support was not paid at all, was paid only partially, or was paid late. Gather your bank statements, the court judgment or court-approved agreement, and any correspondence with the other parent.

If the delay is an isolated incident, a brief written reminder may be appropriate: state the amount owed, provide the account number, and set a reasonable deadline for payment. However, if nonpayment continues or the parent fails to communicate, it is advisable to file a petition for debt enforcement or judicial enforcement of the decision.

In child support cases, speed is also important due to substitute child support. To be eligible for this benefit, the basic requirement is ongoing enforcement proceedings or judicial enforcement of a judgment, or their recent suspension due to the obligor’s lack of assets.

Child Support Enforcement: How It Works

Enforcement is the compulsory collection of what the obligated parent fails to pay voluntarily. The entitled parent contacts a court enforcement officer and submits an enforceable judgment, such as a child support award. The petition must specify who the entitled and obligated parties are, what decision is to be enforced, the amount of the child support debt, and whether you also wish to collect ongoing child support in the future.

The enforcement officer can then choose the appropriate method of enforcement. In practice, this may involve, for example, wage garnishment, freezing a bank account, selling assets, or—in the case of child support—suspending a driver’s license, provided the legal conditions are met.

For the debtor, enforcement proceedings mean not only the obligation to pay the child support arrears but also the risk of additional costs. If the obligated parent falls into arrears, interest on the arrears may also be charged.

Can future child support be collected through enforcement proceedings?

Yes. If a child support debt has already accrued and you are filing a petition for enforcement, you can request not only the collection of the amount owed but also the enforcement of ongoing child support payments for the future. In practice, this means you do not have to file a new petition every month simply because the obligated parent has failed to pay again.

This is very important when it comes to child support. Child support is intended to meet the child’s ongoing needs, not merely to pay off past debts. If the obligated parent has not been paying for an extended period, enforcing regular child support payments for the future can help stabilize the family budget.

Therefore, we recommend clearly stating in the petition for enforcement that you are seeking recovery of child support owed for a specific period as well as ongoing child support due in the future.

Suspension of a Driver’s License

There is a special enforcement tool for overdue child support: an enforcement order to suspend a driver’s license. This is not a “confiscation of the driver’s license” in the usual sense, but rather a suspension of the right to drive motor vehicles.

According to the Enforcement Code, an enforcement officer may issue this order, in particular, when enforcing arrears of child support for a minor child or for an adult child under 26 years of age who is actively pursuing a future profession through full-time study. The driver’s license is suspended as of the date the enforcement order is served on the obligated party, and the obligated party may not drive motor vehicles during the period of suspension.

The obligated parent may challenge the suspension, particularly if the driver’s license is essential for meeting the basic living needs of themselves and the persons for whom they have a maintenance obligation, or if they pay the outstanding child support. In practice, therefore, it depends on the specific situation—for example, whether the obligated parent actually works as a driver and would lose the ability to earn money for child support without a driver’s license.

Substitute Child Support from the State

If the other parent fails to pay, you can apply for substitute child support in addition to enforcement proceedings. This is a benefit for a dependent child whose obligated parent does not pay the court-ordered child support at all or pays only a portion of it. The benefit is paid by the Labor Office.

Substitute child support is provided in the amount of the difference between the court-ordered monthly child support and what the obligated parent actually paid. However, the maximum amount is 3,000 CZK per month. Starting in July 2025, the benefit can be received for up to 72 monthly payments, but no longer than until the child is no longer a dependent, i.e., until the age of 26 at the latest.

A fundamental condition is that the child support must be established by an enforcement order and that enforcement proceedings or judicial enforcement of the decision must be underway. This condition is also met if enforcement proceedings or judicial enforcement of the decision were suspended due to the obligor’s lack of assets during the four months prior to filing the application, or during the proceedings for the benefit or after it was granted.

An application for substitute child support is submitted to the Labor Office in person, by mail, or electronically. Every four months, proof must be provided of how much child support the child actually received during the previous four calendar months. The income of the parent applying for the benefit on behalf of the child is not taken into account for this benefit.

What if the parent obligated to pay child support claims they have no money?

Sometimes a parent does not pay child support because they do not want to. Other times, they genuinely find themselves in a situation where their income has dropped, they are chronically ill, have lost their job, or are dealing with a disability. Even then, however, they cannot simply stop paying. A court order remains in effect until the court modifies it. If the parent obligated to pay child support is unable to pay the current amount, they should file a motion to reduce child support as soon as possible. It is not enough to simply write to the other parent saying, “I don’t have the money right now” and that they will send something later.

The court may modify a child support order if circumstances change. In the case of a minor child, the court may decide on child support even without a petition if the parents cannot reach an agreement. When reviewing the petition, the court will examine not only current income but also whether the parent is avoiding work, whether they are intentionally reducing their income, and whether they are making full use of their abilities and opportunities.

If the parent obligated to pay truly cannot afford the full amount, it is better to pay at least a portion, maintain communication, keep records of payments, and promptly file a petition with the court. Inaction leads to debt, debt collection, interest, and, in extreme cases, even criminal proceedings.

Also note that if the court retroactively reduces child support, child support that has already been spent is generally not refunded. The purpose of child support is to continuously provide for the child’s needs, not to create a refundable advance payment.

Is it worth filing a criminal complaint?

Filinga criminal complaint may be worthwhile, but it does not replace enforcement proceedings. If your main concern is obtaining money for the child, the primary course of action is to enforce child support and, if necessary, file a claim for back child support.

Starting in 2026, the criminal offense of neglecting the obligation to pay child support under Section 196 of the Criminal Code will be defined more narrowly: the offender must fail, even through negligence, to fulfill the legal obligation to support or provide for another person for a period longer than four months, thereby exposing the entitled person to the risk of hardship. The penalty is up to two years of imprisonment.

The previous notion that any failure to pay for more than four months automatically constitutes a criminal offense no longer applies. In addition to the duration of non-payment, the risk of the entitled person falling into destitution must also be considered.

The Criminal Code also provides for effective repentance. Criminal liability for failure to pay child support ceases if the offense did not result in lasting adverse consequences and the offender subsequently fulfilled their obligation before the court of first instance began pronouncing its judgment. In practice, a criminal complaint may motivate the debtor to pay, but it cannot, by itself, enforce the collection of child support. If the debtor has been financially destitute for a long time, avoids work, or is already facing enforcement proceedings, criminal proceedings may not lead to prompt payment.

What to Prepare for Enforcement or a Request for Back Child Support

For enforcement proceedings, you should primarily prepare an enforceable child support order, a summary of amounts owed, bank statements, and the identifying information of the parent obligated to pay. Information about their employer, bank account, assets, or address—if known—is also helpful.

To apply for substitute child support, you will primarily need an application form for the Employment Office, a court judgment or a court-approved agreement, proof of ongoing enforcement proceedings or court enforcement of a decision, and documentation showing how much child support has actually been paid. The public administration portal states that without proof of ongoing debt collection or court enforcement, you are not entitled to substitute child support.

If the parent obligated to pay child support lives abroad, you will need to pursue enforcement abroad or contact the Office for the International Legal Protection of Children. Even in such a situation, you must provide proof that the enforcement process has been initiated in order to receive substitute child support.

Practical Example

The mother has a court judgment stating that the father is to pay child support of 6,000 CZK per month, due by the 15th day of the previous month. The father sent nothing for three months and sent only 1,000 CZK in the fourth month.

The mother should first draw up a detailed breakdown of the debt: which months were unpaid, how much was due, and how much was actually received. She can then file a petition for enforcement, not only for the back child support but also for ongoing child support in the future. Once enforcement proceedings are underway, she can also apply for substitute child support from the Employment Office, provided the child meets the eligibility requirements for the benefit.

In such a situation, filing a criminal complaint would be considered only based on the specific circumstances, particularly if the non-payment has lasted longer than four months and the child is consequently at risk of hardship.

New in 2026: Assignment of Due Child Support

Starting in 2026 , the Civil Code allows , under specified conditions , for the assignment of a due monetary claim for child support ordered by a court. Payment must be made by non-cash transfer , and the assignee acquires the claim only upon full payment.

This is a specialized tool that may not be suitable for every family. In practice, it may be useful in cases where the entitled party needs to obtain money quickly and is unwilling or unable to wait for a lengthy enforcement process. However, before signing any agreement to assign overdue child support, it is advisable to consult with an attorney, as the decision will depend on the amount of the consideration, the scope of the assigned claim, and the protection of the child entitled to support.

Summary

If a parent fails to pay child support, the most important thing is to have an enforceable judgment or a court-approved child support agreement. Without an enforceable title, the debt cannot be effectively collected through enforcement proceedings, nor can substitute child support be claimed. Child support is generally due monthly in advance, and interest on late payments may be claimed in the event of a delay.

The first practical step is usually enforcement or judicial execution of the decision. You can then apply for substitute child support, which in 2026 is provided only after 72 monthly payments, up to a maximum of 3,000 CZK per month, and no later than the end of the child’s dependency period.

It is worth considering filing a criminal complaint, particularly if a parent has not paid for more than four months and thereby exposes the child or another eligible person to a state of emergency. However, this alone does not replace the enforcement of child support.