How Can You Effectively Collect Child Support?

Quick Overview: 
If the other parent is not paying child support, first verify that you have an enforceable court order or a court-approved agreement. Without these, you cannot immediately initiate enforcement proceedings. For a minor child, a petition to determine child support is filed with the district court based on the child’s place of residence. If a decision already exists, you can collect the overdue child support through enforcement of the decision or through debt collection. Starting in 2026, filing a criminal complaint is appropriate mainly when a parent has not paid for more than four months and the child is thereby at risk of hardship.

Where to Start When the Other Parent Doesn’t Pay Child Support

A parent’s obligation to provide child support is one of the fundamental obligations under family law. A parent cannot unilaterally terminate this obligation simply because they dislike the extent of the other parent’s care, the amount of the other parent’s expenses, or their personal relationship. A parent’s obligation to support a child continues until the child is able to support themselves; reaching the age of eighteen does not automatically terminate child support.

However, the first step does not have to be going to court or involving a debt collector right away. When it comes to the first late payment, it is worth sending the non-paying parent a brief written reminder. Sometimes it really is a mistake: a misconfigured standing order, a changed account, a delayed paycheck, or a temporary loss of income.

Be sure to communicate in a way that can be documented later. A text message, email, or message through an app is better than a phone call. Write briefly:

• for which month the child support is missing,
• what amount was due,
• by when you’re requesting payment,
• that if payment is not made, you will pursue the matter through legal channels.

If the parent does not respond, pays only sporadically, or the debt continues to grow, it is advisable to send a more formal written demand. Include the exact amount of the debt, the account number, the payment deadline, and a warning about the possibility of debt collection or other legal action. We know from experience that a pre-litigation demand from an attorney often helps in cases where a regular message from the other parent has not been effective. The non-paying parent will understand that this is not just a personal dispute, but an enforceable claim on behalf of the child.

Do you have just an agreement, or a court order?

Whether child support has already been ordered by a court or whether the parents have only a private agreement is crucial for the next steps.

If you only have an out-of-court agreement—such as a verbal agreement or a written agreement between the parents—it serves as a good basis for communication, but it is generally not sufficient for enforcement. The enforcement officer needs an enforceable title —typically a judgment, a court order, or a court-approved agreement.

If no court decision exists, you must file a petition to determine child support. For a minor child, the petition is filed with the district court based on the child’s place of residence; the petition may also be made orally in court and recorded in the minutes.

In the petition, include the following information in particular:

• the child’s information and that of both parents,
• how child custody is currently arranged,
• the child’s needs,
• the parents’ incomes and financial circumstances,
• the amount of child support you are proposing,
• the effective date for child support payments,
• evidence of income, expenses, and current custody arrangements.

Starting in 2026, it will be particularly important not to automatically rely on outdated assumptions such as “the child is in sole custody” or “this is a shared custody arrangement.” The new regulations focus primarily on the specific extent of each parent’s care and the child’s actual needs.

If you already have a court judgment or a court-approved agreement, you are in a better position. You can demand payment from the debtor and, if that fails, proceed with enforcement of the judgment or debt collection.

How to Collect Overdue Child Support: Enforcement of a Judgment or Debt Collection

Punishing a non-payer alone will not secure money for the child. If you truly want to collect overdue child support, civil enforcement is key.

Overdue child support can be collected through two main channels:

1. judicial enforcement of a court decision,
2. debt collection through a court-appointed enforcement officer.

In practice, debt collection is more common. The entitled parent or adult child contacts a selected court-appointed debt collector and files a petition for debt collection. They attach an enforceable child support order or a court-approved agreement to the petition.

The enforcement officer may collect child support, for example, through:

• through deductions from wages or other income,
• by ordering the transfer of funds from a bank account,
• by selling personal property,
• by selling real estate in cases of larger debts,
• by seizing other property rights,
• suspension of a driver’s license in cases specified by law.

Suspension of a driver’s license is an important means of enforcement in child support cases. Under current law, it may be used to enforce the collection of overdue child support for a minor child or for an adult child under 26 years of age who is actively pursuing a future career through education; this rule also applies to certain assigned claims and claims for substitute child support.

A debtor may request the revocation of an enforcement order to suspend a driver’s license, for example, if they can demonstrate that they absolutely need the driver’s license to meet their basic living needs and those of the persons toward whom they have a maintenance obligation. However, mere inconvenience or convenience is not sufficient.

The costs of enforcement are generally borne by the debtor. In practice, however, the sooner the matter is addressed, the greater the chance of actually recovering the money. If the debtor changes jobs, transfers assets, or incurs additional debts in the meantime, enforcement tends to be more complicated.

Example: A mother has a court order requiring the father to pay 8,000 Kč per month. The father has not paid anything for four months. The mother does not have to wait for criminal proceedings. She can file a petition for enforcement and recover the 32,000 Kč in back child support as well as future child support payments.

New as of 2026: Assignment of Child Support Claims

An interesting change effective in 2026 is the option to assign a due monetary claim for child support as ordered by the court. The new Section 921a of the Civil Code stipulates that a due monetary claim for child support ordered by a court may be assigned for consideration. The consideration must be provided exclusively by non-cash transfer to an account with a payment service provider, and the assignee acquires the claim only upon full payment of the consideration.

In practice, this means that, under the conditions set forth by law, the entitled person may transfer the outstanding child support to another entity, which will pay it and subsequently collect the debt itself. The purpose is to strengthen the position of a parent or child who needs the money more quickly than a lengthy collection process would allow.

However, this procedure is not for everyone. It is necessary to carefully examine:

• what amount is actually due,
• whether the child support was ordered by a court,
• what fee will be paid for the assignment,
• whether the offer is economically reasonable,
• and whether the agreement is disadvantageous or risky.

In the case of a child support claim for a minor child, the law also protects the assignor—that is, the person assigning the claim. The assignor is not liable to the assignee for the collectability of the claim, and in the case of a minor child, under certain conditions, the assignor is not even liable for the fact that the claim existed at the time of the assignment if the assignee could have known that it was uncertain or uncollectible.

The assignment of a claim can therefore be a useful tool, but we do not recommend signing it without reviewing the contract. Child support is a sensitive matter for the child, and a poorly drafted contract can cause further problems for the parent.

When to File a Criminal Complaint Against a Child Support Defaulting Parent

As of January 1, 2026, the new version of Section 196 of the Criminal Code is in effect. A person commits the crime of neglecting the obligation to provide child support if they fail, even through negligence, to fulfill their 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 imprisonment for up to two years.

This is a fundamental change. Merely failing to pay for a period longer than four months (as was the case under the original provision) is no longer sufficient to establish criminal liability. The condition of exposure to destitution must also be met. The Ministry of Justice states regarding the amendment that the new provision is intended to punish cases where a parent, by neglecting to pay child support, exposes a child to a real risk of hardship.

Therefore, filing a criminal complaint makes sense especially when:

• child support has not been paid for more than four months,
• the child lacks the money for basic necessities,
• the other parent has no means to make up for the shortfall,
• the parent obligated to pay child support is unresponsive or evades payment,
• there is a court order regarding child support,
• you have documented evidence of the impact of nonpayment on the child.

A criminal complaint can be filed with the Czech Police or the public prosecutor’s office. Attach the court judgment or court-approved agreement, a payment history, bank statements, correspondence with the debtor, and documentation of the child’s expenses.However, criminal proceedings do not replace civil enforcement. Even if the police are handling the case, you will generally obtain money for the child most quickly through civil enforcement.

The law still recognizes effective repentance in cases of failure to pay child support. Criminal liability may be extinguished if the offense did not result in permanent adverse consequences and the offender subsequently fulfills their obligation before the trial court begins to pronounce its judgment.

What if the parent obligated to pay only pays occasionally or sends small amounts?

In practice, it sometimes happens that a non-paying parent sends a small amount once in a while and claims that “at least they’re paying something.” Such behavior can complicate a criminal assessment, but it does not prevent civil enforcement.

If a parent is required to pay 7,000 Kč per month and sends 1,000 Kč once every three months, the debt continues to grow. In enforcement proceedings, the difference between what should have been paid and what was actually received is recovered.

We recommend keeping a simple table:

• Month,
• prescribed child support,
• amount paid,
• date of payment,
• outstanding balance.

Keep your bank statements and correspondence. If the debtor pays in cash, insist on a written receipt. Without documentation, it will be difficult to prove later what was paid and for which month.

Don’t forget about late payment interest either. An amendment effective in 2026 added provisions to the Civil Code regarding late payment interest on child support payments for a minor child who has not yet attained full legal capacity.

What if the debtor is subject to enforcement proceedings or is insolvent?

The fact that the obligated parent has other debts does not mean they are exempt from paying child support. Child support holds a special legal status.If the debtor is already subject to enforcement proceedings, child support is classified as a priority claim. Therefore, in the case of wage garnishment, it takes precedence over ordinary debts. In practice, this may mean that even if the obligated parent has multiple creditors, child support is satisfied first.

If the debtor is in insolvency, the child support obligation does not cease. The Supreme Court has emphasized in the context of insolvency that the bankruptcy of a person obligated to pay child support does not alter the duration or specific nature of the parent’s child support obligation toward the child.

Check the insolvency registry to verify whether the parent obligated to pay child support is actually in insolvency, who the insolvency administrator is, and what stage the proceedings are in. Then contact the insolvency administrator and provide documentation of the child support order and the amount of the debt. When it comes to overdue child support, it is important to act quickly. If the claim is not properly filed or the insolvency administrator is unaware of it, the child support may not be properly taken into account in the deductions.

Child Support Substitute: Assistance from the Government

If the parent obligated to pay child support fails to pay at all or pays only partially, the child may be eligible to receive substitute child support from the government, provided certain conditions are met. Substitute child support is a social benefit provided to a dependent child whose obligated parent does not pay the established child support or pays only part of it.It is provided for a maximum of 72 payments, but no longer than until the child is no longer dependent, i.e., until the age of 26. The maximum amount of substitute child support is 3,000 CZK per month.

The basic requirement is that there is a court judgment or a court-approved child support agreement in place, and that enforcement proceedings or judicial enforcement of the decision to collect child support are currently underway. Eligibility may also arise if enforcement proceedings or judicial enforcement of the decision were suspended due to the obligor’s lack of assets within the period specified by law.

Applications for substitute child support are filed with the Labor Office. The income of the parent applying for the benefit is not taken into account for this benefit. However, proof of how much child support the child has actually received must be provided every four months.

Substitute child support is not a debt forgiveness for the non-paying parent. The state may subsequently decide to what extent the child support claim will be transferred to the state and then collect the debt from the obligated parent.

Don’t delay: back child support and mounting debts

When it comes to child support, it’s not worth waiting months or years for promises like “I’ll pay everything next month.” The longer the delay, the greater the risk that the debtor will change jobs, lose assets, file for bankruptcy, or begin making irregular, small payments. For child support, it may be awarded retroactively for up to three years from the start of court proceedings. The Constitutional Court emphasizes that retroactive determination or increase of child support in cases of proven changes in circumstances should not be exceptional, and that the right to child support is a right of the child itself.

However, this does not mean it is practical to wait. In the case of minors, the court may initiate certain proceedings even without a petition; for adult children, however, the child’s own initiative is required, and the court is more strictly bound by the child’s proposal. In both cases, the following applies: the sooner the matter is addressed, the easier it is to demonstrate the child’s needs, the parents’ incomes, and the amount of the debt.

Example: A parent has been promising for a year to pay the outstanding child support but has not paid. In the meantime, they change jobs and stop communicating. If the other parent had initiated enforcement proceedings after two months, it would have been possible to quickly garnish their wages or freeze their bank account. After a year, enforcement may be significantly more complicated.

Summary

If the other parent is not paying child support, start by clarifying whether you have an enforceable court order or a court-approved agreement. If not, you need to file a petition to determine child support. If so, you can collect the overdue child support through judicial enforcement of the decision or through debt collection proceedings.

Starting in 2026, it is important to know that criminal penalties for non-payers are more limited than before. Merely failing to pay for more than four months is not sufficient; it must be a situation where the failure to pay puts the entitled person at risk of hardship. The focus of enforcement is therefore shifting primarily to civil law: debt collection, judicial enforcement of judgments, substitute child support, and, newly, the assignment of court-ordered child support receivables.

Child support also takes priority in cases of debt collection or insolvency. Substitute child support can help a child when the obligated parent is not paying and debt collection or judicial enforcement of a judgment is already underway. Therefore, do not wait for vague promises; start addressing the debt in a timely manner.