Language Switcher Fallback

You are here

Maintenance allowance

 

Maintenance allowance

Maintenance allowance is meant for children, whose parent or parents do not fulfil their maintenance obligation. The maintenance allowance is an important factor in supporting the child’s better coping. Maintenance allowance can be applied for both during the legal proceedings as well as the execution proceedings.

 

Maintenance allowance during the legal proceedings

If you wish to apply for maintenance allowance, you must first file a court action for collection of alimony. More information about turning to court is available here (in Estonian).

After turning to court, file an application to the Social Insurance Board within 45 days. Together with the application, present an identity document, payment proposal regulation, or the action securing regulation. Also, mark the debtor’s name, personal identification code or birth date, and address, if possible.

Starting from 2017, we pay the maintenance allowance for up to 150 days and the amount paid each month is 100 euros. The maintenance allowance is paid to minors or children up to the age of 21, if they are studying. To receive the maintenance allowance, court must have issued an action securing regulation in favour of the child.

For a minor, their legal representative – a parent or guardian (including a legal person) – files the maintenance allowance application. Adult children can file the application themselves.

We stop the maintenance allowance payments during the legal proceedings before the end of the 150-day period if:

  • The action securing regulation has been annulled;
  • The alimony court proceedings are finished;
  • It is discovered that the allowance payment reasons were not or are no longer valid;
  • The debtor fulfils the maintenance obligation and pays alimony to the child in the extent ordered by the court ruling;
  • The debtor or the child dies.

The easiest way is to file the application through the state portal www.eesti.ee

Digitally signed application can also be filed electronically by emailing it to info@sotsiaalkindlustusamet.ee.
The application can also be filed at the Social Insurance Board customer services or sent by regular mail to Tallinna 30, 44311, Rakvere.

The application template for the maintenance allowance during the legal proceedings is available  *.rtf (211.85 KB, RTF)    *.pdf (246.76 KB, PDF) (in Estonian).

 

Maintenance allowance during the execution proceedings

Starting from 2017, we pay the maintenance allowance during the execution proceedings to a child if the parent who is actually obliged to pay it does not, even though the alimony has been ordered by court. The maintenance allowance is paid to minors or children up to the age of 21, if they are studying.

For a minor, their legal representative – a parent or guardian (including a legal person) – files the maintenance allowance application. Adult children can file the application themselves.

The maintenance allowance during the execution proceedings is up to 100 euros per calendar month per one obliged parent.

  • Example 1. If the monthly alimony adjudicated from the debtor with the court decision is 215 euros, the monthly maintenance allowance is 100 euros.
  • Example 2. If the monthly alimony adjudicated from the debtor with the court decision is 80 euros, the monthly maintenance allowance is 80 euros, at the maximum.

If you wish to apply for the maintenance allowance during the execution proceedings, you should first turn to court with the alimony claim. If the court decision has taken effect but the other parent does not pay alimony, turn to the bailiff and begin the execution proceedings.

You can file the execution proceedings initiation application and the maintenance allowance application to the bailiff together. The bailiff forwards data required for the maintenance allowance payment during the execution proceedings to us on a monthly basis.

Read more about contacting the bailiffs here.

The allowance is paid during the execution proceedings on the premise that the proceedings have lasted for at least four full months. If the debtor has not cleared the debt to the child within 4 months, the bailiff will begin to keep track of whether and how much alimony the child gets each month.

If the alimony is not paid to the child after the 4-month waiting period, we shall pay maintenance allowance to the child, up to 100 euros per calendar month. If the court ruling imposed a smaller alimony, then we pay this amount. We make the monthly maintenance allowance payment retrospectively, by the 10th of the following month, at the latest.

  • Example 1. The applicant initiates the alimony execution proceedings on March 20th, filing also the application to receive maintenance allowance during the execution proceedings. The 4-month period applies from April through July, meaning that by the end of July, the execution proceedings will have lasted for at least 4 months. The alimony payment-checking period begins from August 1st. If no alimony is paid to the child in August, the Social Insurance Board will make the maintenance allowance payment by September 10th, at the latest.
  • Example 2. The child’s alimony execution proceedings have lasted since 2014 (exceeding 4 months). The applicant files the application to receive maintenance allowance during the execution proceedings on January 5th, 2017. The alimony payment-checking period begins from February 1st. If no alimony is paid to the child during February 1st – 28th, or if the payment has been less than 100 euros or the amount stipulated by the court order, we shall make the maintenance allowance payment by March 10th, at the latest.

The maintenance allowance during the execution proceedings application can be filed starting from January 2017, meaning that during February, the bailiff will check if and in which amounts alimony is paid for the child.

The maintenance allowance during the execution proceedings can also be requested from both parents, if the applicant is the guardian. In this situation, the execution proceedings must be started against both parents and application filed to get allowance from both parents. If maintenance allowance application is filed against both parents, the allowance could be up to 200 euros per one child.

The maintenance allowance payment does not free the alimony debtor from their responsibilities. The state will reclaim the allowance from the debtor.

Maintenance Allowance Application if the Debtor Lives Abroad

If the parent obliged to pay alimony to the child has moved abroad and does not pay alimony to the child, then turn to the Ministry of Justice who will organize the execution proceedings abroad. In this case, the application for the maintenance allowance during the execution proceedings should also be filed to the Ministry of Justice.

At the Ministry of Justice, you can choose the bailiff who shall mediate the alimony. The Ministry of Justice shall forward all documents to the relevant parties. In the future, you can get information about the execution proceedings from the bailiff whom you authorized to mediate the alimony.

 

 

Kati Kümnik

head of the compensations department

Kati Kümnik organizes and directs the work of the compensation department: sets goals, gives instructions to officials, and performs and mediates tasks related to the organization of pensions and family allowances. She also advises the Social Insurance Board on issues related to family allowances and organizes the development of the allowances system.

 
info@sotsiaalkindlustusamet.ee