Criminal Complaint for Non-Payment of Child Support

QUESTION
What are the consequences of failing to pay child support, and can a criminal complaint be filed?

ANSWER:
Good day,

The legal system of the Slovak Republic is based on the principle that criminal law measures are used only as a last resort, when other “less severe” measures have failed. If a parent, who has been ordered by a court to pay child support, fails to fulfil this obligation as set out in the court’s decision, the entitled party or their representative may first file a petition for enforcement – i.e., to recover the child support through a judicial executor.

More information about enforcement of child support by an executor can be found here.

At the same time, a criminal complaint may be filed against the obligated parent on the grounds of neglecting statutory maintenance obligations.

Pursuant to § 207(1) of the Criminal Code:

“Whoever, for at least 2 months within a 2-year period, even through negligence, fails to fulfil a statutory obligation to maintain or support another person shall be punished by imprisonment of up to 2 years.”

Pursuant to § 207(2) of the Criminal Code:

“Whoever, for at least 2 months within a 2-year period, intentionally evades the fulfilment of a statutory obligation to maintain or support another person shall be punished by imprisonment of up to 3 years.”

Enforcement of child support through an executor is not a prerequisite for filing a criminal complaint. This means that, although criminal law measures should be used only as a last resort when other, less invasive legal enforcement methods have failed, the law enforcement authorities will not, when receiving a criminal complaint, verify whether the complainant has attempted to resolve the situation using other remedies available under Slovak law. Filing a criminal complaint imposes on them the duty to investigate and clarify whether the reported criminal offence occurred and who is responsible for it.

If you need assistance in filing a criminal complaint or a petition for enforcement due to non-payment of child support, please contact us. More about our services can be found here: https://www.akmv.sk/pravne-sluzby.