Advance of Maintenance Payment is a social benefit regulated by Act no. 588/2020 Coll., on Advance of Maintenance Payment for Dependent Child and on Amendments to Certain Related Acts (Act on Advance of Maintenance Payment).
Advance of Maintenance Payment is paid out to a dependent child whose parent (liable person) does not fulfil or fully fulfil the maintenance obligation. The benefit is provided for the period stipulated by law, maximum number of months is 24 for every child, but no longer than the end of the child´s dependency, however, up to 26 years at the latest.
Advance of Maintenance Payment is provided in the amount of the difference between the monthly maintenance determined by a court judgment or by a court-approved agreement on maintenance and partial payment of maintenance in the relevant month. The maximum amount of Advance of Maintenance Payment is CZK 3,000 per month.
Applying for benefits
Applications for the Advance of Maintenance Payment are handled by the Regional Branches of the Labour Office of the Czech Republic according to the place of residence of the person entitled to the benefit, i.e. the eligible person (dependent child).
Applications for the benefit are submitted on forms prescribed by the Ministry of Labour and Social Affairs. The addresses of the Regional Branches and the Branch for the Capital City of Prague can be found at Portál ÚP ČR. The application forms are available from https://www.mpsv.cz/formulare#nahradni-vyzivne.
The appellate body is the Ministry of Labour and Social Affairs.
Entitlement to the benefit
A dependent child who has a permanent residence in the Czech Republic and have his/her residence here is entitled to Advance of Maintenance Payment. Permanent residence condition is not requested if directly applicable EU legislation is applied.
The basic condition for entitlement to Advance of Maintenance Payment is the ongoing execution proceedings or proceedings on the judicial enforcement of a decision to recover maintenance. Ongoing proceedings means the filling of a motion to initiate execution proceedings or judicial enforcement proceedings.
The entitlement also arises when the judicial enforcement of the decision or execution have been discontinued due to the liable person´s lack of property, in the last four months before the application for the Advance of Maintenance Payment, or during proceedings for this benefit, or after the Advance of Maintenance Payment has been granted.
It is necessary to submit a maintenance judgment or a court-approved maintenance agreement, on the basis of which it will be possible to recover the maintenance owed.
The parent´s income is not tested for this benefit.
Entitlement to the benefit arises at the earlies on the day the application is submitted.
When entitlement to the Advance of Maintenance Payment ceased (after 24 payment of the benefit or after the end of child’s dependency), the Labour Office of the Czech Republic decides which maintenance receivables will be transferred to the State and to what extent. The receivables are transferred to the State on the day the transfer decision takes legal effects.
To recover the receivables from a parent who does not pay maintenance, the Labour Office requests the entitled person to file a proposal for the entry of the State into the ongoing proceedings on execution or on judicial enforcement of the decision, instead of current entitled person. The entitled person is obliged to comply with the request, otherwise she/he must compensate for the damage caused.
Contacts
Labour Office of the Czech Republic - Regional Branches and the Branch for the Capital City of Prague according to the place of (permanent) residence
Ministry of Labour and Social Affairs
Department of Non-contributory Social and Family Benefits
Na Poříčním právu 1, 128 01 Praha 2
Tel.: +420 221 921 111
www.mpsv.cz, e-mail: posta@mpsv.cz