Frequently Asked Questions and Answers

Under Article 28a of the ZJSRS, the Fund may grant the maintenance debtor—if unemployed and without other income—a deferral or installment payment of the claim, but not exceeding six months. The request must be accompanied by proof that the debtor is unemployed or lacks other income. However, neither the ZJSRS nor the SPP contains provisions allowing installment repayment of debt for already judicially enforced child support allowance claims.

According to the second paragraph of Article 28a of the ZJSRS, the Fund may partially or fully write off the debtor’s obligation if enforcement proceedings have failed or seem unlikely to succeed. Further provisions are laid out in the third paragraph of Article 77 of the Public Finance Act (ZJF), which allows the competent minister, with consent from the finance minister, to write off debt up to the limit set in the annual budget execution law—if recovery costs would be disproportionate to the claim or if the debtor’s assets are judged unrecoverable.

The permissible limits are governed by Article 102(2) of the ZIZ. It states that enforcement for lawful child support claims and compensation for lost support (e.g. due to death) may seize up to two-thirds of the debtor’s income subject to income tax from employment and compensation for work-related disability—such that the debtor retains at least 50% of the minimum wage, and if supporting a family member, at least the amount established for that dependent under social assistance laws.

Article 390 of the ZFPPIPP classifies child support claims—including those of the Fund—as priority claims. Subrogation does not change the nature of the claim; it remains a maintenance claim. Therefore, the general provisions under Articles 131, 132, 280, and 281 of the ZFPPIPP do not apply. Instead, the priority enforcement rules of Article 390(1) and (2) apply, as upheld by case law such as Supreme Court decision II Ips 170/2010 dated 16 October 2010.

According to the third paragraph of Article 28 of the ZJSRS, the Fund is entitled to recover the amounts disbursed—including statutory default interest from each payment until full repayment, plus any procedural costs. Payments are described in the ruling and notifications, specifying that the child support allowance is paid by the 15th of each month for the current month. The due date is detailed in the entitlement decision, the notification to the debtor, and the Fund’s financial records. The debtor is in default as soon as an installment becomes due; therefore, the Fund becomes legally subrogated to the child’s creditor rights on the disbursement date—and is entitled to interest from that day forward.

Contacts

Dunajska 20, 1000 Ljubljana gp@sklad-kadri.si

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