Spare maintenance and everything you need to know about it

Replacement maintenance from July 2021

Replacement (or back-up) maintenance had been discussed several times, but never officially passed– but this changed with the approval of Law No. 588/2020 on replacement maintenance.

The law has been enforced since July 1, 2021 with the intent to regulate the conditions for obtaining substitute maintenance for children when one parent fails to meet his or her maintenance obligations. Spare maintenance will become one of the social benefits paid by the State.

Who is entitled to alternative maintenance?

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 then up to the age of 26, provided one of the following conditions is met:

• continuous training for a future profession,
• due to an accident, long-term illness or adverse health condition, systematic training for a future occupation is not possible, nor is it possible to engage in gainful employment (the child must not, however, be a recipient of a third-level invalidity pension),
• after completing compulsory schooling, the child is registered as a jobseeker with the regional employment office, but is not entitled to unemployment benefits or retraining support (in which case the child is considered dependent only until the age of 18).

It won’t work without foreclosure proceedings

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.

Amount of maintenance compensation

Replacement maintenance is paid in the amount of the monthly installment 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.

Assessment of entitlement and period of receipt of maintenance in lieu

 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:

• an enforcement order regulating the maintenance obligation,
• proof of payment of part of the maintenance (if payment has been made in the last four months) or a declaration that no part of the maintenance has been paid,
• proof that the child is genuinely dependent (certificate of studies, etc.).

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 24 payments have been made or if the recipient ceases to be a dependent child.