On October 26, the President signed an amendment to the law that extends the payment of replacement alimony by the state from 2 years to 4 years. The amendment to the law entered into force on November 1.
Substitute alimony was paid by the state for non-payers of alimony for a maximum period of two years already from July 2021. From the beginning of November 2023, the payment period extended from two years to four.
Persons who received supplementary maintenance from the beginning (July 2021) could thus draw it until July of this year.
However, the amendment to the law also considers these beneficiaries and enables them from the entry into force of the amendment to the law, to use up the next 24 months of state aid.
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The extension of the duration of drawing replacement maintenance is intended to protect families with low incomes
Approximately 9,000 dependent children currently receive replacement child support from the state. The limited duration of the support puts some families in an uncomfortable situation, especially when the entitled parent is unable to continue collecting the owed amount from the non-paying parent.
If in such a situation the family is not sufficiently financially secure, the lack of substitute maintenance from the state can cause problems with the financial provision of the life needs of the dependent child. It is for this reason that the Ministry of Internal Affairs and Communications has prepared a draft law to extend the support period for replacement alimony.
Substitute maintenance serves as a replacement for alimony from the non-paying / partially paying parent to ensure the basic life needs of the dependent child.
Hint: He’s still alive. The girl’s mother was in a vegetative state, so the money did not come to her
Parents who have already used up the replacement child support must submit the necessary documents to the Ú until the end of November
Parents who have already received replacement maintenance for 2 years can receive replacement maintenance retroactively from July 1, 2023, from the entry into force of the law. They will not have to apply again for the continuation of replacement maintenance, but they must submit the necessary documents to the Labor Office.
“In order for applicants to be awarded alimony retroactively, they must submit the necessary documents to the Labor Office of the Czech Republic by the end of November. These beneficiaries will be asked in writing to prove the alimony received in order to continue the claim. This will ensure that all those affected are informed,” it is written in the press release of the Ministry of Internal Affairs and Communications.
Finance.cz asked the Ministry of Internal Affairs and Communications what the documents were. According to the Ministry’s statement, the same documents are required for the repayment of replacement maintenance as for the request for replacement maintenance. However, the request for alimony itself is not submitted again. So it’s about:
- execution title, in which the maintenance obligation to the entitled person is stated, in the form of an officially certified copy or by presenting the original to an employee of the ÚP CR, who copies it,
- a document proving the amount of partial payment of alimony (e.g. account statement, postal order or written confirmation of payment of alimony),
- a document proving that the alimony claim has been transferred, if the alimony claim has been transferred,
- a document proving that the child is not dependent (birth certificate for a child under 15 years of age, certificate of studies for an older child),
- a document certifying that a proposal for enforcement of a court decision or enforcement has been submitted (if alimony is enforced abroad, you must attach to the application a document certifying that a proposal for enforcement of a court decision or enforcement has been submitted to the competent authority abroad or a request for enforcement of alimony through the Office for the international protection of children). (Source: Labor Office)
The entitled parent will receive alimony back only if he continues to meet the conditions for its payment.
Alimony payments that the entitled person will receive in a lump sum retroactively from 1 July 2023 will they count towards the total number of 48 payments.
“In order to make it as easy as possible to apply in practice, the proposed amendment is constructed in such a way that the right to substitute alimony ceases after 48 payments of monthly installments of substitute alimony without the entitled person having to submit a new application for substitute alimony after the termination of the right according to the current wording of the law, ” states the government bill.
For those who have not yet used up 24 payments, longer alimony will be paid automatically, provided that they provide documentation for the continuation of alimony in the usual term.
You can calculate the approximate amount of replacement alimony awarded to you on the website of the Labor Office.
The maximum amount of replacement alimony will not change
The state pays replacement alimony through the Labor Office in the maximum amount of CZK 3,000 per month. ÚP pays a benefit in the amount of the specified alimony (or the difference between what is paid and the amount specified).
Every 4 months, the parent who receives child support must document information about the obligated parent, how he or she participates in the payment of child support.
After the replacement alimony period has expired (24 months and now 48 months), the enforcement of alimony passes to the state. He then collects the alimony due through the Labor Office.
The request for replacement maintenance is submitted to the Labor Office according to the place of permanent residence of the child at the state social support department. Those who prefer electronic communication can also submit a request via a data box or one of the Citizen Identity forms.
In order for the Labor Office to grant a parent replacement maintenance, it is necessary that the authorized parent filed a motion for execution or judicial enforcement of the decision against the non-paying parent. This proof of the submitted proposal is also attached to the request for replacement alimony.
Also read: How the recommended table for child support has changed and how much your child should receive
