Eligibility for Child Support Substitute Payments

A child is eligible for a substitute child support payment if:

• They have been awarded child support through a final court judgment, temporary court order, or an agreement with the competent social work center, but the obligated parent fails to pay it;
• They are a citizen of the Republic of Slovenia with permanent residence in Slovenia;
• They are a foreign citizen with permanent residence in Slovenia, provided this is stipulated in an international agreement or under the condition of reciprocity;
• They are over 15 years old and not employed;
• They are over 18 years old, enrolled in regular education, and not employed or registered as unemployed*.

*It should be noted that parents are obligated to support their child until the completion of secondary education or until the child obtains the highest level of general or vocational education available under secondary education regulations. If the child is enrolled in a higher vocational program, parents are obligated to support them only until the completion of that first program. If the child is enrolled in a university program, support is due only until the completion of the first undergraduate or first master’s or integrated master’s degree. In all cases, the child must be in regular education, not employed, and not registered as unemployed. If the program exceeds four years in duration, the obligation extends accordingly. The support obligation lasts at most until the child turns 26.

In addition, if an enforcement proposal has been submitted and the enforcement has lasted more than two months or has failed due to reasons not attributable to the claimant—or if the obligated parent resides abroad and a request for international recovery of child support has been submitted (also filed with the Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia)—the applicant may provide relevant evidence, and the Fund may decide on the case without inviting the obligated parent to respond to the unpaid support claims. As of September 1, 2022, prior enforcement is no longer a prerequisite for claiming substitute payments, but in such cases, the obligated parent participates in the procedure and must be given an opportunity to present proof of payment.

The request for the recognition of the right to substitute child support is filed by the child's legal representative if the child is under 18. After reaching adulthood, the entitled child must file the request themselves.

A child is not entitled to a substitute payment if:

• They live in the same household as the obligated parent,
• They are placed in foster care,
• They are placed in an institution (for education, training, or upbringing) where they receive predominantly free care.

The right to substitute child support lasts as long as the maintenance obligation exists and the child is not employed. This obligation ends no later than the child’s 26th birthday.

The right to substitute child support ceases:

• At the request of the child’s legal representative, or after the child turns 18, at the request of the entitled person;
• At the request of the obligated parent, if they can prove that all due maintenance has been paid and that support for the next two months has been paid in advance or deposited in court on the child's behalf, or if the maintenance obligation has been assumed by the debtor’s debtor;
• If the conditions for the entitlement to substitute child support are no longer met.