EFFICIENT RECOVERY OF FAMILY MAINTENANCE AND CHILD SUPPORT IN CROATIA-PROBLEMS AND SOLUTIONS CONCERNING ENFORCEMENT OF MAINTENANCE ORDERS

Paula Poretti, PhDFaculty of Law J.J. Strossmayer University of Osijek

Legislative framework

Family Act (2003) (2003-2015)

Family Act (2015) November 1

Family act 2003 - special provisions on

enforcement of maintenance orders

-special provisions on temporary maintenance

Enforcement Act (lex specialis)

Family act 2015 -special provisions on

enforcement of maintenance orders

Temporary maintenance Act 2014

Enforcement Act (lex specialis)

Enforcement title documentCourt proceedings Court proceedings

MARRIAGE Decison on divorce,

annulment (ex officio)

COHABITATION Maintenance claim

MARRIAGE Plan on joint parental

care (agreement) OR Decison on divorce,

annulment (ex officio) (simplified) Non

contentious proceedings

COHABITATION maintenance claim

Enforcement

Regular income No income (property-real estate)

Enforcement of monetary claims

FINA or Court proceedings

Enforcement of monetary claims

Court proceedings Surrender and sale of

real estate

Problems

1. Duration of court proceedings - no time limits - no limits of legal remedies Interim measure (Art. 356 Family act

2003) 2013-2015 Only several requests Unfamiliar??

2. Dissmissal of motion for executiona) Execution of a monetary claim (bank

account)- request to FINA (primary) - request to court (secondary) b) Execution of a monetary claim (property)- request not definedc) Execution of a monetary claim -request not defined (no PIN, cro. OIB)

3. Duration of execution procedure Legal remedies - Appeal - Revision on points of law

- Deferment of execution (irreparable or nearly irreparable damage/prevention of violence)

4. Temporary maintenance 2014 3,9 mil euro June 2015 4 100 children (50 % of the

amount) under the age of 6 60 euro 7-12 years 70 euro 13-18 years 80 euro

2014- November 2015 Family Act 2003 - Art. 352 No maintenance 6 months continuously 7 months with interruptions Temporary maintenance Act 2014 Whole/in part for 3 months

continuously

Family Act 2003 Temporary Act 2014

NO manipulation amounts of several

euro7 months

3 months

2013 864 requests for refund

2014 629 requests for refund

5. Decisions in criminal proceedings NO maintenance - criminal offence

(Criminal Code) Prosecution at the request of social

welfare center

2014 2014 persons only 20 persons punished by imprisonmentOTHERS conditional release (parole)

6. Other problematic aspects

Agreements with the employer to lower the income

Amounts for maintenance (exempt from seizure) seized by the bank

7. ECHR Orel v. Croatia Communicated on 16.12.2013

The applicants complain, under Article 6 of the Convention, about the inability to enforce a final judgment in their favour.

They also complain, under Article 8 of the Convention, about the failure of the State to enforce the payment of maintenance instalments for children.

Finally, they complain under Article 1 of Protocol No. 1 to the Convention, about the failure of the State to protect their proprietary interests.

Concluding remarks

Family Act 2015 Novelties in regulation of

maintenance

Goals Urgent proceedings (Peaceful) settlement of disputes

(plan on joint parental care)

Settlement as precondition for fullfilment of obligations

Limitation of available legal remedies

Advice on available legal aid

Punishment by imprisonment

Thank you for your attention!

pporetti@pravos.hr