Recovery in the Field of Child Support Allowance

Statutory Subrogation (Transfer of Claims to the Fund) and Judicial Recovery of Child Support Allowances

Pursuant to the first paragraph of Article 28 of the Public Guarantee and Maintenance Fund of the Republic of Slovenia Act (hereinafter: ZJSRS), the child’s claim against the maintenance debtor is transferred to the Fund—up to the amount of rights provided under this Act—on the date the decision recognizing the right under this Act becomes enforceable (subrogation).

With the transfer of the claim, the Fund assumes the position of the child as creditor vis-à-vis the maintenance debtor, up to the amount paid out under the decision on child support allowance, including any applicable interest and procedural costs (third paragraph of Article 28 ZJSRS). The Fund is obliged to recover these amounts. The moment of transfer is the date the decision on the right to the child support allowance becomes enforceable, at which point the debtor is notified.

The initial notification to the maintenance debtor is thus crucial for establishing the conditions for recovering paid-out child support allowances. In addition to informing the debtor of the Fund's subrogation to the child’s claim, the Fund sends reminders about the outstanding debt and demands repayment—right up to the submission of the enforcement proposal.

Under current legislation, the Fund recovers paid child support allowances from the maintenance debtor through judicial enforcement proceedings, in accordance with the Enforcement and Securing of Civil Claims Act (hereinafter: ZIZ).

According to the fifth paragraph of Article 21.d of ZJSRS in conjunction with the third point of the first paragraph of Article 17 of ZIZ, the enforcement title for recovery includes the court decision determining the debtor’s maintenance obligation, the Fund’s decision recognizing the entitlement to child support allowance, and the notifications on each adjustment and new allowance amount. Together, these constitute the enforcement basis for the Fund’s claim arising from paid child support allowances. As stated in the third paragraph of Article 28 ZJSRS, the Fund enters the legal position of the child as creditor, up to the paid amounts including interest and costs.

Based on the seventh paragraph of Article 28 ZJSRS, the Fund is legally obligated to recover all child support allowances paid out—this includes the principal, accrued interest, and all procedural costs.

In accordance with the third paragraph of Article 28 ZJSRS, the Fund’s assumption of the claim against the maintenance debtor (i.e., the debtor) is effective on the date the decision on the right to the child support allowance becomes enforceable. Through statutory subrogation, the Fund enters into the child’s creditor rights not only for already disbursed allowances, but also for future and as yet unpaid claims.

According to current regulation, the Fund has both the legal authority and the obligation to safeguard its claims, which includes taking all necessary legal steps to prevent the statute of limitations from expiring.

Effective recovery of debts is one of the Fund’s key responsibilities, as it ensures liquidity for the continued disbursement of child support allowances in addition to funds secured through the state budget of the Republic of Slovenia.

The enforcement procedure begins when the Fund submits a motion for enforcement to the court. To recover monetary claims, the Fund may propose enforcement on the debtor’s financial assets (e.g., salaries, other income, accounts held by payment service providers), movable property (through bailiff action), immovable property (valued and sold via court auction), shareholdings (via sale), and other property rights or uncertificated securities. For non‑listed uncertificated securities, the bailiff handles seizure, valuation, and sale; for listed securities, a stockbroker executes the sale.