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The other parent isn't paying child support

What you can do when the other parent doesn't pay child support that has been awarded or agreed.

INFO
Short answer. If the other parent is not paying child support established by a final judgment or settlement, the child, or the parent representing them, can immediately file a motion to enforce that decision, without waiting for the debt to grow. Collection is carried out from the debtor's salary, accounts, or property, and non-payment of child support established by an enforceable decision can also constitute a criminal offense (Art. 195 of the Criminal Code, Krivični zakonik).
ROK
Deadline. There is no deadline for initiating enforcement proceedings - they can be started as soon as any installment falls into arrears. As a general rule, individual overdue, unpaid child-support installments become time-barred three years from the due date of each installment, while the right to statutory support itself never becomes time-barred. The Law on Contracts and Torts also provides that limitation does not run between parents and children while parental rights last, which can affect how the period is calculated for debts owed to a minor child. (limitation of periodic claims - Art. 372, Art. 373(3) and Art. 381 item 2 of the Law on Contracts and Torts (Zakon o obligacionim odnosima); the basis of the support obligation itself - Arts. 154 and 160-162 of the Family Act (Porodični zakon, Sl. glasnik RS, no. 18/2005, 72/2011 - other law, 6/2015 and 109/2025 - other law))

What to do

If child support has already been established by a final judgment or settlement and the other parent is not paying it, there is no need to wait or to sue again - a direct route is available through a motion for enforcement. The motion is filed with the basic court in whose territory the debtor has their residence, together with evidence of non-payment (for example, a bank statement) and available information about the debtor, and names the public enforcement agent who will carry out enforcement (Arts. 3, 4, 6 and 7 of the Law on Enforcement and Security). Persons claiming statutory support are exempt from court fees (Art. 9 of the Law on Court Fees), so initiating the proceedings does not by itself create a court fee for the child.

Once the court issues its decision on enforcement, the public enforcement agent takes over carrying it out, and can garnish part of the debtor's salary through the employer, freeze a bank account, or seize and sell the debtor's movable or immovable property. To collect statutory support, up to one half of the debtor's wages can be garnished (Art. 258 of the Law on Enforcement and Security). Non-payment of support established by an enforceable decision can also constitute the criminal offense of failure to provide support (Art. 195 of the Criminal Code), for which a criminal complaint can be filed with the competent public prosecutor's office.

If circumstances have permanently changed, for example the child's needs or the paying parent's means have changed, a separate claim can be filed to modify the amount of child support, instead of or alongside enforcing the existing obligation (Art. 164 of the Family Act).

Child support law in Serbia and what changed in 2025

People searching for "the child support law" in Serbia are looking for the Family Act. There is no separate alimony statute, and the rules on the amount of support are in Arts. 160-162. What is often called the "new child support law" is the Law on Exercising Rights from the Alimony Fund (Sl. glasnik RS no. 51/2025). It does not change the parent's obligation. It sets up an Alimony Fund as a budget fund managed by the ministry responsible for family protection.

The fund only steps in when enforcement fails. If enforcement is not carried out for more than two months after the enforcement order is served on the debtor, the enforcement officer asks the child's parent to state within eight days whether they agree to payment from the fund. Within 15 days of being notified, the ministry issues a decision and pays temporary support, capped at the minimum support amount (Arts. 6-8). Payments stop once the enforcement officer starts collecting from the debtor's assets, and the state recovers what it paid from the debtor with interest, a claim that does not become time-barred (Arts. 10 and 13). So an enforcement petition is the first step even if you are counting on the fund.

When to contact a lawyer

Drafting a motion for enforcement does not necessarily require a lawyer if the enforceable instrument is clear and the debtor's details are known. A lawyer is useful when the debtor contests enforcement, when property or income is hard to trace, when a modification of the support amount needs to be pursued in parallel, or when a criminal complaint for failure to provide support is being considered and it needs to be assessed whether the conditions for it are met in the specific case.

Sources

What to do

  • Check whether an enforceable instrument exists - a final and enforceable divorce or child-support judgment, or a court settlement setting the amount of child support.
  • Attach evidence of non-payment, for example a bank statement or a calculation of overdue installments, together with available information about the debtor (personal ID number, address, employer, or source of income, if known).
  • File a motion for enforcement with the basic court in whose territory the debtor has their residence (Arts. 3, 6 and 7 of the Law on Enforcement and Security, Zakon o izvršenju i obezbeđenju), naming in the motion the public enforcement agent (javni izvršitelj) who will carry out enforcement. Persons claiming statutory support are exempt from court fees (Art. 9 of the Law on Court Fees, Zakon o sudskim taksama).
  • The court issues a decision on enforcement, and the enforcement itself - garnishing wages through the employer, freezing accounts, seizing and selling movable or immovable property - is carried out by the public enforcement agent (Art. 4 of the Law on Enforcement and Security). To collect statutory support, up to one half of the debtor's wages can be garnished (Art. 258), and support claims have priority over other creditors.
  • Non-payment of support established by an enforceable court decision or settlement can constitute the criminal offense of failure to provide support (Art. 195 of the Criminal Code), for which a criminal complaint can be filed with the competent public prosecutor's office; this is especially relevant when the debtor avoids enforcement by concealing property or income.
  • If enforcement is not carried out, in full or in part, for more than two months after the enforcement order is served on the debtor, the enforcement officer asks you to state within eight days whether you agree to temporary support being paid from the Alimony Fund (Arts. 5 and 6 of the Law on Exercising Rights from the Alimony Fund).
  • If the child's needs or the parent's means have changed, a separate claim can be filed to modify the amount of child support, instead of or alongside enforcement (Art. 164 of the Family Act).

What it costs

No court fee is charged for initiating enforcement proceedings to collect child support. What remains as a cost is the public enforcement agent's fee and a possible lawyer's fee for drafting the motion; both are, as a rule, subsequently claimed back from the debtor once enforcement is carried out, but recovering that part depends on whether the debtor has property from which the costs can be satisfied.

Basis for the attorney fee: Persons claiming statutory support are exempt from court fees, so no fee is paid on a motion for enforcement to collect child support either (Art. 9 of the Law on Court Fees, Zakon o sudskim taksama).

FAQ

Do I have to sue for unpaid child support first, or can I go straight to enforcement?

If an enforceable decision already exists - a judgment or settlement setting the amount of child support - a new claim is not needed. You proceed directly to a motion to enforce that decision.

What if the debtor has no steady income?

Enforcement can also be directed at property, a bank account, or future income, not only wages. If the debtor has no identifiable property or income, collection can be difficult and lengthy; in that case, a criminal complaint for failure to provide support can add pressure, but on its own does not guarantee that the debt will be collected.

Does non-payment of child support carry criminal liability?

Yes, if the support obligation has been established by an enforceable judgment or settlement and the debtor fails to meet it in the set amount and manner, this can constitute the criminal offense of failure to provide support under Art. 195 of the Criminal Code (Krivični zakonik), punishable by a fine or imprisonment of up to two years, or imprisonment from three months to three years if serious consequences for the supported person result. The debtor is not punished if they failed to pay support for justified reasons (Art. 195(2)).

How far back can I claim unpaid child support?

Individual overdue installments become time-barred three years from the due date of each one, under the general rules on the limitation of periodic claims (Art. 372 of the Law on Contracts and Torts). The same law provides that limitation does not run between parents and children while parental rights last (Art. 381 item 2), so for debts owed to a minor child the calculation depends on the circumstances of the case. It is therefore useful to check whether older installments are time-barred before filing; in the proceedings it is the debtor who invokes the limitation period.

Is there a new child support law (novi zakon o alimentaciji)?

There is no separate child support law. Entitlement, criteria and amount are governed by the Family Act (Porodični zakon, Arts. 154-167): support is set according to the child's needs and the parent's means, and when set as a percentage it is, as a rule, between 15% and 50% of the debtor's net income (Arts. 160 and 162). What is new is the Law on Exercising Rights from the Alimony Fund (Zakon o ostvarivanju prava iz alimentacionog fonda, Sl. glasnik RS no. 51/2025). If enforcement fails for more than two months after the enforcement order is served, a child who is a Serbian citizen can, with your consent, receive temporary support from the fund, up to the minimum support amount, for the period after the payment decision. The state then recovers the amount from the debtor (Arts. 5-10).

How do you get child support ended or reduced?

Support does not end by private agreement or because the paying parent simply stops. The paying parent files a claim with the court (Family Act, Art. 278) asking for the support to be reduced or ended because the circumstances behind the earlier decision have changed (Art. 164). Support ends when its term expires or on death, and may end if the recipient gains sufficient means or paying becomes obviously unfair for the debtor, but not while the recipient is a minor child (Art. 167). An adult child in regular education is entitled to support until age 26 at the latest (Art. 155). The case is especially urgent: the first hearing is held within eight days of the claim reaching the court (Art. 280). Until a new decision, the existing one stands and can be enforced.