The new year usually brings with it a whole host of new things. With the arrival of the new year, the area of law and the issue of maintenance arrears has changed. All single parents whose ex-partner fails to pay maintenance have seen a glimmer of hope. What exactly is changing and when will single parents (or dependent children) see the long-awaited change for the better?
Replacement (or back-up) maintenance has been discussed several times, but never fully passed – but this has changed with the passing of Act No.588/2020 on replacement maintenance.
The law came into force on 1 July 2021 and will regulate the conditions for obtaining substitute maintenance for children for whom one parent fails to meet his or her maintenance obligations. Spare maintenance will become one of the social benefits paid by the State.
Are you undecided whether you are entitled to alternative maintenance? Or do you need advice on the next steps to take to earn it? We are happy to help you with everything!
I want help with child support
A dependent child who is a permanent resident of the Czech Republic may become a recipient of substitute maintenance. The condition of residence is not required in some cases (exceptions are determined directly by the relevant law), but the status of the dependent child is crucial.
A dependent child is any child up to the end of compulsory schooling and further up to the age of 26, provided that one of the following conditions is met:
Tip: Alimony brings with it a number of issues that are often encountered in legal practice. How much child support can you ask for, what to do if the other parent fails to meet his or her child support obligation, and what about child support in alternate custody? We will answer all of these questions in a separate article.
While the status of a dependent child and permanent residence in the Czech Republic are basic requirements, they are not the only ones. What else must be fulfilled?
Simply put, you must sue the non-paying parent for child support and, after a successful trial, formally enforce it.
It is necessary that enforcement proceedings have been initiated against the non-paying parent and have been pending for at least four months at the time of the application for replacement maintenance.
It follows that the conditions for recovery of the money owed, i.e. a valid court order for maintenance, must be met at the same time.
Tip: Child support disputes are a nightmare for many divorcing parents. But coming to an agreement on child support or going through a court hearing to determine child support may not be the most difficult. Dramatic situations reliably arise when a former partner stops paying alimony. How to enforce alimony effectively? This is the focus of our separate article.
Replacement maintenance is paid in the amount of the monthly instalment determined by the court to the child’s parent, up to a maximum of CZK 3 000. If the other parent partially pays the maintenance, the amount of the replacement maintenance shall be the difference between the amount determined by the court and the amount paid by the parent.
For example, if the court sets maintenance at CZK 2 500 and the parent pays CZK 1 000, a replacement maintenance of CZK 1 500 per month will be paid. If the court sets maintenance at CZK 5 000 and the obliged parent pays nothing, the replacement maintenance will be CZK 3 000 per month.
Tip: In late 2022, the Ministry of Justice introduced a new child support table. While it does not, of course, specify the amount you can confidently recover in court, it is intended to help parents get an idea of the indicative amount. In connection with its publication, some of the principles for calculating maintenance have been slightly modified. We have outlined all of these in our article.
The Czech Labour Office, through its regional branches or the branch for the capital city of Prague, decides on the entitlement to receive replacement maintenance. It does so on the basis of an application published by the Ministry of Labour and Social Affairs of the Czech Republic.
The following documents and certificates must be provided with the written application:
Replacement maintenance is always fixed for the following four calendar months. After four months, the whole situation is reassessed and, if the claim is still valid, maintenance is paid for a further four months.
Entitlement to replacement maintenance ceases after a total of 48 payments have been made or if the recipient ceases to be a dependent child.
We can ensure a fair increase or adjustment in your alimony/child support payments, taking into account the financial situation of each party. Our experience will ensure your proposal has the highest chance of success in court. You may pay after services are provided.
Lucie understands the legal profession like few others, and she defends the interests of her clients both inside and outside the courtroom. Lucie has won hundreds of disputes, and her role on our team is to ensure the smooth and effiecient transfer of real properties. She is also experienced in both civil law and family law.
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