The other parent is not paying alimony. How do I make him/her do it?

Alimony petition
  • What do you get: Determination of the obligation to pay alimony, the amount and method of payment by a parent who does not exercise parental rights.
  • Why do you need it: In order for a child to exercise the right to an alimony from his / her parents, which belongs to the corpus of children's rights that he / she has both according to domestic legislation and according to the adopted international conventions dealing with the rights of the child.
  • What happens if you do not do it: Child would not exercise the right to an Alimony from his parents, which is a legally guaranteed right.

Clients can understand which laws are relevant and important, who initiates the procedure and how does it develop in a detailed step-by-step presentation below and finally, will be provided with a link to other relative legal services.

Duration

417 days

Cost

Administrative fees:

  • Birth certificate fee – RSD 420
  • other administrative costs depending on the documents required.

Steps

  1. Introduction to the case
  2. Preparation of the petition
  3. Filing of the petition
  4. First hearing
  5. Hearings
  6. First instance decision
  7. Complaint
  8. Second instance decision

Requirements

  • Documents proving parentage:
    • The original child’s birth certificate, which can be obtained at any municipality office in the Republic of Serbia. 
  • Documents proving grounds for initiating this procedure:
    • Witness statements that parents were in extramarital community.  
    • If the child is an adult who is incapable of work, and does not have sufficient means of support, the court or administrative decision proving this fact needs to be submitted.
    • If the child is an adult who attends school regularly but is no older than 26 years needs to submit their ID card and proof that they are attending school regularly, which is a certificate issued by the school.
  • Power of attorney:

Templates

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Alimony enforcement procedure
  • What do you get: Due and unpaid alimony in the procedure of forced collection
  • Why do you need it: The parent, who is obliged by a court decision, fails to provide the alimony, the other parent, legal guardian of the child or the child itself, is entitled to initiate enforcement procedure in order to collect the alimony debt.
  • What happens if you do not do it: Child would not exercise the right to an alimony from his parents, which is a legally guaranteed right.

Clients can understand which laws are relevant and important, who initiates the procedure and how does it develop in a detailed step-by-step presentation below and finally, will be provided with a link to other relative legal services.

Duration

49 days

Cost

Administrative fees:

  • Birth certificate fee – RSD 420
  • other administrative costs depending on the documents required.

Steps

  1. Introduction to the case
  2. Preparation of the enforcement proposal
  3. Filing of the enforcement proposal
  4. Court decision
  5. Bailiff’s activities
  6. Conclusion of the procedure

Requirements

  • Court decision:
    • The court decision by which the parent is obliged to pay the alimony needs to be submitted:
    • In copy – if the same court that reached the decision on alimony is competent for enforcement procedure;
    • In original or certified copy with legality and enforceability clause – if different court that the one that reached the alimony decision is competent for enforcement procedure.
  • Documents proving child’s identity:
    • The original child’s birth certificate, which can be obtained at any municipality office in the Republic of Serbia.
  • Power of attorney:
    • Please check Power of Attorney in “General”

Templates

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For further and more detailed information on the above we recommend that you contact an Advocate.
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Criminal procedure regarding alimony
  • What do you get: The right to have the obligation of due but unpaid alimony determined by a court judgment by which the parent who did not pay alimony is obliged to pay the determined due amount.
  • Why do you need it: If the parent, who is obliged by a court decision, fails to provide the alimony, pressing criminal charges achieves fulfilment of rights.
  • What happens if you do not do it: A parent who does not pay alimony will not be forced to pay it and the child will not exercise his/hers right to alimony.

Clients can understand which laws are relevant and important, who initiates the procedure and how does it develop in a detailed step-by-step presentation below and finally, will be provided with a link to other relative legal services.

Duration

71 days

Cost

Administrative fees:

  • Birth certificate fee – RSD 420
  • other administrative costs depending on the documents required.

Steps

  1. Introduction to the case
  2. Preparation of the criminal charges
  3. Filing of the criminal charges
  4. Public prosecutor activities
  5. Court hearings
  6. Court decision

Requirements

  • Court decision by which the parent is obliged to pay the alimony
  • Documents proving child’s identity:
    • The original child’s birth certificate, which can be obtained at any municipality office in the Republic of Serbia.
  • Power of attorney:
    •  Please check Power of Attorney in “General”

Templates

  • Next to be included
For further and more detailed information on the above we recommend that you contact an Advocate.
Click here if you want to be linked to an Advocate

Register First

If you registered before Log-in to continue