In accordance with Article 1, Paragraph 3, of the Law on the Maintenance Guarantee Fund, a debtor is a parent who by a decision of the court has an obligation to pay support to his/her child, and who does not comply with the court’s decision or who does comply with it but does not pay the minimum child support set forth by the Cabinet of Ministers in accordance to Article 179 of the Civil Procedure Law.

As of the moment when the Administration of the Maintenance Guarantee Fund starts to pay the child support that by court decision had to be paid by the parent, the parent becomes a debtor to the state.

Within 7 days after the decision on the payment of child support has been made, every debtor is sent a notification informing him/her about the liabilities to the state and stating that the amount of the debt will increase every year by the lawful rate of interest (6% per year). The debt has no termination date, which means that the debt can be collected from any property of the debtor to the end of his/her life (including collection of debt from payment for work, scholarships, benefits, inheritance and even pension).

If the notification that has been sent by the Administration of the Maintenance Guarantee Fund to the address declared by the debtor as the place of residence is returned, there are grounds to believe that the debtor does not reside at the declared address and thus does not fulfil the obligations stipulated by the Declaration of Place of Residence Law stating that he/she will be available to the national and local government institutions in the place of residence. In such cases, the Administration of the Maintenance Guarantee Fund notifies the municipal police about bringing the case to the administrative court.

After the decision of the Administration of the Maintenance Guarantee Fund concerning the payment of child support has been made, notification on the fact that the Administration of the Maintenance Guarantee Fund has started to pay child support to the debtor’s children is sent to the sworn law enforcement officer responsible for the collection of child support.

In accordance with the law, the law enforcement officer has to examine the defendant’s or debtor’s property and income at least twice a year; in other words, information on debtors is constantly being checked, and as soon as changes in their financial status are noticed – for example, they have started to work, purchased a car or real estate, etc. – the law enforcement officer starts to collect child support from their income or property in accordance with the procedure stipulated by law.

The obligation of the law enforcement officer is to inform the administration of the Fund immediately about any changes in the financial status of debtors, i.e., their ability to pay child support in the amount decreed by the court decision.

In addition to the check-ups carried out by the law enforcement officer, the Administration of the Maintenance Guarantee Fund also regularly checks the financial status of debtors by consulting data registries.

If there are grounds to believe that the debtor is deliberately evading the obligation to take care of his/her children – i.e., the debtor cannot be found and neither the law enforcement officer responsible for the case on collection of child support nor the municipal police is aware of their place of residence, or they cannot be found at the declared place of residence – the Administration of the Maintenance Guarantee Fund submits a petition to the state police requesting that the debtor be charged with criminal liability on the grounds of child support evasion. On the basis of such a submission, the police can bring the case to the criminal court and declare a search for the person by involving the state police and, if necessary, international organisations.

In accordance with the Criminal Law, if a person, in bad faith, fails to care for and provide maintenance to his/her children if such an obligation has been imposed by a court judgment, the applicable sentence is imprisonment for a term not exceeding two years, custodial arrest, or a fine not exceeding fifty times the minimum monthly wage.