Maintenance replacement
"Every child's right to maintenance is a fundamental right."
However, this right is not guaranteed for all children. The Fund provides substitute child support payments to children who are entitled to maintenance but do not receive it because the obligated parent either fails to pay or pays irregularly.
The obligation to pay child support arises from a court judgment or decision, or an agreement made at the competent social work center. If the obligated parent fails to pay court-ordered or agreed-upon maintenance, or does so irregularly, the child may be entitled to receive a substitute payment. A failure to pay is defined as non-payment for three consecutive months or irregular payment, meaning that at least three average monthly support payments are owed within the past twelve months. In such cases, the child’s legal representative—or the child themselves after reaching the age of 18—can file a claim to exercise the right to a substitute child support payment.
These substitute payments ensure basic social security for children who do not receive regular child support.
At the same time, the Fund seeks reimbursement from the obligated parent for the paid substitute amounts, including applicable interest and procedural costs. This process also serves to raise awareness and encourage the responsibility of the non-custodial parent to fulfill their child support obligation.
Even when substitute payments are provided, the primary duty to support the child remains the responsibility of the parents.
