What to do if the other parent does not pay child support?

Do you have a final court decision in your hands, but child support payments are still not coming in? You are not alone. Enforcing child support payments is a common problem faced by many parents. Fortunately, there are effective legal tools available to help you obtain justice – from enforcement proceedings to criminal charges.

Author of the article: ARROWS (Mgr. Vendula Růžková, LL.M., MBA, office@arws.cz, +420 245 007 740)

It is not possible without a final judgment

The first step in enforcing child support is to obtain a final judgment. This document specifies who is required to pay child support, how much, and when. If the other parent fails to fulfill their obligation, you can file a petition for enforcement. Minor children are entitled to child support paid by the parent who has custody of them—usually monthly and in advance.

Without a court decision, enforcement options become very complicated. Therefore, if you only have an informal agreement, we recommend that you have it legally formalized as soon as possible.

Enforcement as a tool for collecting child support

Once you have a final judgment and the maintenance has still not been paid, enforcement comes into play. The enforcement officer can seize the debtor's account, deduct maintenance directly from their salary, seize their property, or even revoke their driver's license—a measure that has proven to be very effective since 2013.

Please note: enforcement is expensive. Not only will the debtor pay the maintenance debt, but also the costs of the enforcement officer, lawyer, and any interest on arrears. It is therefore always better to start by communicating and, if necessary, agreeing on a payment plan.

Future maintenance payments and protection in case of a change in circumstances

Enforcement does not have to deal only with existing debt. It can also be used to enforce future maintenance payments. This saves you time and reduces the risk of having to constantly apply for new enforcement orders.

What if the other parent claims they cannot afford child support? In this case, it is not up to you to back down or reduce your claims. If their financial situation has really deteriorated, for example due to illness or loss of employment, it is up to them to ask the court to reduce the child support. Until they do so and the court issues a new decision, the original judgment continues to apply. You have the right to insist on its fulfillment. It is important to know that the court always examines whether the debtor is at fault for their unfavorable situation—for example, by avoiding work or voluntarily reducing their income. This can be held against them.

Criminal charges as a last resort

If the debtor ignores not only their obligation to pay but also attempts to reach an agreement, it is possible to file a criminal complaint. Failure to pay maintenance for more than four months is a criminal offense in the Czech Republic, punishable by up to three years in prison.

Filing a criminal complaint makes sense mainly when other steps have failed. For some parents, the mere initiation of criminal proceedings leads to immediate payment of debts. However, the effect is questionable for long-term defaulters, as imprisonment does not generate any money for maintenance.

Practical checklist: What to do if maintenance payments are not being made

✅ Verify that you have a final judgment – without it, it is not possible to enforce child support.

✅ Contact a bailiff – prepare the judgment and proof of non-payment.

✅ Consider a proposal to enforce future child support payments – you will save time and money.

✅ Do not wait to file a criminal complaint if the debtor has not paid for more than four months.

✅ Carefully archive all communication and documents – they may be crucial in court.

Conclusion

Child support is a fundamental right of the child, and it is your duty to protect it. If your former partner is not fulfilling their obligation, do not hesitate to take action. Debt collection or criminal charges – all of these options can help you.

Do not remain in uncertainty. Contact us today – we will help you find an effective solution that will protect your children's rights and your future.