Ex-spouse/partner not paying child support?

Act No. 588/2020 Coll. providing for the substitute child support for dependent children came into force on 1 July 2021. If your former spouse/partner does not pay child support, you can apply with the Labour Office for a social benefit called the substitute child support. The maximum amount is CZK 3,000 per month for a maximum of 24 months. The condition for its granting is the child support set or approved by the court and the filing of an execution against the debtor or the execution of a court decision for non-payment of child support.

The State itself then recovers from the debtor the amount of the substitute child support that has been paid to you. The earliest you can be entitled to substitute child support is July 2021. It is therefore not possible to recover child support owed retrospectively for months before that date. Substitute child support paid by the Labour Office will be treated as a claim against the estate in insolvency proceedings.

Unlike child support, substitute child support is not included in the minimum monthly instalments under Section 395(1)(b) of the Insolvency Act. Thus, non-payment of substitute child support is not a condition for the authorisation or approval of debt relief.