From 1 January 2026, non-payment of maintenance will cease to be a criminal offence. An amendment to the Criminal Code signed by the President will end the prosecution of so-called maintenance neglect. Penalties already imposed will cease to be enforced, which the Justice Ministry estimates will affect more than 500 prisoners.
People convicted solely for failure to pay child support will be automatically released from prison when the amendment takes effect. If they have been convicted of non-payment of maintenance in conjunction with other offences, the courts will reduce their sentences proportionally. The only exception to the exemption remains cases where the failure to pay maintenance has resulted in a child being put at risk of destitution – in such situations the offence may still be punishable.
From the perspective of parents whose other parent has stopped paying child support, the situation will need to be dealt with exclusively civilly, not through the police or prosecutors. It remains possible to enforce maintenance through the courts, either through an application for enforcement or execution. Maintenance is recovered like any other debt – if the debtor does not pay, the bailiff can seize his property or deduct part of his wages. Maintenance owed is not extinguished even after years, it can be recovered up to three years back.
The amendment aims to reduce the number of prisoners for property and petty offences and to strengthen alternative solutions. However, critics warn that it will make it more difficult and costly for some parents to enforce child support. In the past, criminal sanctions have at least acted as a form of coercion. This situation can only be mitigated by better support for civil enforcement – for example, through the courts, lawyers or ombudsmen.
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