In light of recently initiated legislative changes, one of the regulations currently in parliamentary procedure is the Law on Temporary Child Support from the Maintenance Fund (“Law”), which entered the parliamentary procedure of the Republic of Serbia in July 2024. The aim of this Law is to establish a Maintenance Fund as a state institution that would provide temporary financial assistance to children whose parents fail to fulfill their child support obligations.
The Law stipulates that children, up to the age of 18, can claim support from the Maintenance Fund if a parent, who is legally obliged by a final court ruling, fails to pay child support for two consecutive months. The funding for the Maintenance Fund would be provided from the state budget, and the process of claiming this right would be initiated by the parent or guardian living with the child, or ex officio by the guardianship authority.
The procedure for claiming temporary child support would be conducted in accordance with administrative procedure rules, before the relevant Center for Social Work, in the municipality of the child’s residence. The urgency of the procedure is a priority, given that it pertains to children’s rights. Temporary payments from the fund would continue until the parent fulfills their obligation or until the child turns 18.
This Law represents a significant step in protecting the rights of children and single parents, especially in situations where obligors evade their responsibilities. According to available data, a large number of parents, predominantly fathers, in Serbia do not fulfill their child support obligations. Each year, several thousand criminal charges are filed for failure to provide child support, and this Law could facilitate children’s access to necessary funds while child support collection is resolved.
The Law is expected to be discussed in the coming months, with potential adoption by the end of the year.