The National Assembly of the Republic of Serbia adopted the new Law on the Realization of Rights from the Alimony Fund (“Law“) at an extraordinary session held on June 16. The Law ensures financial support for children and their single parents, aiming to provide state protection for children as the most vulnerable and at-risk category.
What’s New in the Law?
- Alimony payments are provided to single parents whose former spouses fail to fulfill their legal obligation of child support, in accordance with Article 73 of the Family Law of the Republic of Serbia, which prescribes the duty of parents to support their child.
- The right to alimony applies to parents of minor children, as well as to young persons up to the age of 26 who are still in education, in accordance with Articles 154 and 155 of the Family Law of the Republic of Serbia.
- The right to temporary support from the Alimony Fund belongs to a child who is the creditor in an enforcement procedure initiated to realize the right to legal child support.
- Payment Procedure from the Alimony Fund: If alimony is not paid for two consecutive months, the public enforcement officer invites the single parent/child to declare whether they wish to receive alimony from the Alimony Fund. Upon receiving the declaration, the enforcement officer notifies the competent Ministry for Family Protection, and payment is made within 15 days from the receipt of the Ministry’s notification.
- The amount of temporary support paid from the Alimony Fund cannot exceed the minimum amount of child support (as of January 2025, the minimum amount was RSD 25,184).
- Parents who fail to fulfill their legal child support obligations thus become debtors to the state, and are required to repay not only the alimony paid from the Fund but also the costs of the proceedings and interest. This type of debt is not subject to a statute of limitations.
Failure to provide child support also constitutes a criminal offense under Article 195 of the Criminal Code. According to this provision, a person who fails to provide support to someone they are legally obligated to support—where such obligation has been determined by a final court decision or an enforceable settlement before a court or other competent authority, in the amount and manner prescribed—shall be punished with a fine or imprisonment of up to two years. If serious consequences occur for the supported person, the offender shall be punished with imprisonment from three months to three years.
For additional information or consultations, the Tasić & Partners team is at your disposal.