Child Support Enforcement

QUESTION:
Can I retroactively claim child support from my father?

ANSWER:
The issue of retroactively claiming child support is governed by Section 77(1) of Act No. 36/2005 Coll., the Family Act (“FA”), which states:

This means that while a child’s right to support never lapses—so both minors and adults can file a petition for child support at any time—support is payable only until the child is capable of supporting themselves (Section 62(1) FA). Even if the court finds that an adult child is not yet self-sufficient, it can only award retroactive support from the date the legal action is filed, and in the case of minors, at most three years prior to that date if special circumstances exist.

QUESTION:
What is the procedure for enforcing child support? Can I claim default interest?

ANSWER:
Enforcement requires a final and enforceable court decision specifying the child support amount.

If parents agreed on support through a private “parental agreement” without court approval, that agreement, though valid, would be unenforceable under Section 24(4) FA, and could not serve as an enforcement title. The same problem arises if a court awards joint custody but sets no support amount (Section 62(7) FA).

Under Section 76(3) FA, “If the obligor is in default in paying court-ordered support, the entitled person has the right to claim default interest on the unpaid amount under civil law.” However, default interest can only be enforced if the court has issued a specific decision awarding it—once obtained, it may be enforced through execution proceedings.

Arrears (“past-due support”) can only be claimed after the obligor has defaulted on payments. Support is typically payable in monthly instalments.

QUESTION:
How far back can I claim child support? What if I was a single parent before any court decision existed?

ANSWER:
Section 77(1) FA allows retroactive awards only from the start date of court proceedings, and for minors, up to three years prior if reasons worthy of special consideration exist.

You cannot claim retroactive support for a period before proceedings were initiated. A petition for support starts when filed with the court (Section 23(1) Civil Non-Contentious Procedure Code).

The Regional Court in Banská Bystrica (Case No. 15CoP/10/2018) clarified that such “special reasons” must be exceptional (e.g., serious illness preventing timely filing or conduct by the obligor amounting to a criminal offence that blocked the claim). Mere reliance on the obligor’s promises to pay does not qualify.

If you intend to seek retroactive support, it is crucial to file your petition promptly.