From Enforcement Procedures to Alimony fund
From Enforcement Procedures to Alimony fund
In July 2024, a bill proposing the introduction of an alimony fund was introduced to the National Assembly of the Republic of Serbia. This long-awaited legislation represents a significant step towards improving legal protection for children in the Republic of Serbia, especially considering that statistics reveal that every other parent in Serbia fails to pay alimony. The first alimony fund was established in Sweden as early as 1937. Sweden pioneered this approach, providing financial support to children whose parents fail to pay alimony. Other countries in our region have also adopted this mechanism; Croatia and Montenegro have implemented similar systems for alimony, thereby offering essential protection for children in this regard.
What is an Alimony Fund?
An alimony fund would allow minor children to receive support from a specially established fund if the parent obligated to provide alimony fails to do so, despite being legally required by a final and enforceable court decision. The funding for the alimony fund would be provided by the budget of the Republic of Serbia, and the Ministry of Family and Demographic Care would be responsible for its administration. The idea of establishing an alimony fund is also included in the draft Civil Code of the Republic of Serbia.
What is the Current Status of Alimony Enforcement in Serbia?
Under the current regulations in the Republic of Serbia, a child who does not receive regular alimony from the other parent, who is obligated to pay, can initiate an enforcement procedure against the parent liable for alimony. However, this procedure often takes an undue amount of time, and debtors find ways to evade their obligations. Enforcement can be even more complicated when the debtor parent is living abroad. Current regulations provide for the possibility of withdrawing parental rights and imposing criminal penalties for failing to pay alimony, but these solutions do not offer immediate financial support to children in practice. Therefore, the alimony fund would enable children to receive support immediately, with the fund subsequently recovering the amounts from the non-compliant parent.
How Would Payments from the Alimony Fund Function?
The process for claiming support from the fund could be initiated by the guardianship authority, the parent living with the child, or the child’s guardian. It would be sufficient to provide a statement that attempts to collect the alimony have been unsuccessful, and the details of the claim would be regulated by a bylaw. The amount of alimony determined by the court would be paid by the alimony fund to the child or their legal representative. The fund would then assume the claim against the parent responsible for payment. It is expected that the state, through the alimony fund, will be more successful and efficient in collecting these claims than the parent caring for the child.
The procedure would be conducted according to administrative rules before the Social Welfare Center based on the child’s place of residence and would be urgent. Temporary support would continue until the debtor parent starts fulfilling their obligation or until the child turns 18. Final provisions will only be known after the passage of the bill.
Experiences from Other Countries
Montenegro: Montenegro introduced the Law on Temporary Alimony from the Alimony Fund in 2022. In 2023, over EUR 64,000 was paid out from the fund. However, amendments to the law at the end of 2023 led to temporary suspensions of payments and issues regarding the date from which the right to payments is recognized. To avoid similar issues, it is necessary to clearly define these matters in national legislation.
Germany: Germany implemented the alimony fund system (Unterhaltsvorschuss) in 1980. Since then, this system has provided temporary financial support to children when a parent fails to pay alimony, with the state successfully handling the collection of claims, even up to the child’s 21st birthday. Interestingly, the amount of support provided does not match the exact amount determined by the court but varies based on the child’s age and is adjusted annually. There are maximum amounts that are paid, regulated by law and aligned with living standards.
The introduction of an alimony fund would represent a significant step towards better protection of children’s rights in Serbia and ensuring their financial well-being in cases where parents do not fulfill their obligations. At this moment, we await the outcome of this initiative, hoping that regulations will soon be amended in favor of the child. Our firm actively participates in such initiatives and advocates for the protection of children’s rights.
For further questions regarding family law, please contact our legal team via email at office@mlaw.rs or through the contact form on our website.