The claimant can contact a bailiff for the enforcement of a claim for support after the court judgment has entered into force or it includes a notation of it being declared subject to enforcement with immediate effect. A court judgment is subject to enforcement in enforcement proceedings irrespective of whether or not the debtor has started complying with the judgment voluntarily. The claimant has the right to demand enforcement of the ruling via a bailiff. Upon the commencement of enforcement proceedings, the bailiff informs the debtor that enforcement will be taking place via the bailiff or the debtor must inform the bailiff if they have paid the claim directly to the claimant. The right of security on seized assets created on the basis of a claim for child support is of higher ranking than the other rights of security on seized assets regardless of the time of seizure. The rights of security on seized assets created on the basis of a claim for child support are of the same ranking. Basis: subsection 65 (4) of the Code of Enforcement Procedure.
If several bailiffs have seized a financial claim for the benefit of several claimants, a third person who has obligations to a debtor, including a credit institution, will pay money to the bailiffs in the order of receipt of instruments of seizure. An instrument of seizure prepared on the basis of a claim for child support will be deemed to be received first regardless of the moment of the receipt. Basis: subsection 119 (1) of the Code of Enforcement Procedure.
If making a claim for payment on other assets of a debtor has not led to or presumably does not lead to complete satisfaction of a claim for child support, up to fifty percent of the minimum wage may be seized.
If the amount seized out of the income of the debtor for the fulfilment of a claim for child support is less than a half of the established minimum, up to one-third of the income of the debtor may be seized. Basis: subsection 132 (11).
The person dependent on the debtor will not be taken into account when the debtor’s income is seized for the fulfilment of a claim for child support.
Pursuant to subsection 63 (11) of the Code of Enforcement Procedure, information on whether a person has a child support debt and, if it exists, the amount of the collectable outstanding debt is publicly available in the enforcement register.
