Receiving Child Support Payments from the State

According to the provisions of the Regulation for Determining the Procedure for Payment by the State of Awarded Child Support, every parent (most often the mother) has the right to receive from the state the amount of child support awarded by the court in favor of a minor child, in cases where the other parent is unable to pay it. This situation often occurs because, due to financial difficulties or the deliberate disposal of assets to hinder the parent who has been granted parental rights, there are no funds available to meet the needs of the growing child.

In such cases, the legislator has provided, considering the need for care, upbringing, and the purchase of items, supplies, clothes, etc. for minor children, a procedure for receiving the court-awarded child support from the state through its municipalities.

The procedure is initiated by the bailiff, who, after establishing the absence of assets from which the support claim could be satisfied, must draw up a statement of findings, detailing the enforcement case, the parties, and other relevant information. Then, the creditor – i.e. the parent to whom the child support is awarded in favor of the minor child – submits a request to the municipality at the debtor’s permanent address through the bailiff who initiated and managed the enforcement proceedings (most often, the documents are prepared by a lawyer). The file is sent to the municipality, and the payment is made through its structures – usually the social assistance or social patronage services. Every six months, the bailiff is obliged to check for changes in the debtor’s financial and material situation.

Since over time prices and economic conditions change, the parent exercising parental rights gains a legal interest in filing a claim for increasing the amount of child support. If, after successful litigation and a court decision in this regard, the debtor still has no means to pay the newly awarded higher amount, a new request is submitted through the bailiff to the municipality at the debtor’s permanent address, together with a copy of the judgment and writ of execution, requesting payment of the increased amount.

It should be noted that the legislator has set a maximum amount of child support payable by the state for the upbringing of a minor child. This limit is determined by the State Budget Act for the respective year and is applied as a cap by the municipal units and services in this regard.

The payment of child support by the state ceases when the grounds for its payment no longer exist – most often upon the child reaching the age of majority.

Since the state covers another person’s obligation – that of maintaining their own child – it acquires a legal interest in bringing a claim against the debtor. The state is considered a joined creditor for the amount paid under the Regulation, and the debtor parent owes statutory interest, as well as fees and expenses related to the enforcement proceedings.

If you need legal advice regarding child support, parental rights, or visitation arrangements, it is best to seek professional consultation with a lawyer.