Maintenance allowance

• A minor child residing in Estonia or a child up to 21 years old if studying is entitled to maintenance allowance.
• To apply for maintenance allowance during court proceedings, a court order granting maintenance is required. For maintenance allowance during enforcement or bankruptcy proceedings, a court decision on maintenance, a notarial agreement to pay maintenance, or a family mediation document agreeing on maintenance payments is required.
• Maintenance allowance during court proceedings is paid for the ongoing month.
• Maintenance allowance during enforcement and bankruptcy proceedings is paid for the previous month.

• The maximum amount of maintenance allowance per month per child is up to 200 euros.
• By law, we pay maintenance allowance during the month. The main payment day for child support is the 8th; if the payment does not arrive or arrives partially on this day, additional payments are made on the 10th, if eligibile.
• The payment date for maintenance allowance during enforcement proceedings depends on several factors:
  • Information provided by the bailiff
  • Accuracy of personal data (including bank account details)

To whom?

Maintenance allowance during court proceedings is paid to a child seeking maintenance through the court.

• A minor child residing in Estonia or a child up to 21 years old if studying is entitled to maintenance allowance.
• For a minor child, the application for maintenance allowance is submitted by their legal representative. The legal representative can be the child’s parent or guardian, including a legal entity.
• From the age of 18, a young person in need of maintenance allowance can apply independently.
• To receive maintenance allowance during court proceedings, a court procedure must be initiated for the maintenance claim, and one of the following orders must be issued:
  • a payment proposal order (in a summary procedure) or
  • an order for securing the claim (in a claim process).

The receipt of these orders depends on the type of application submitted to the court. These documents obligate the other parent to pay maintenance during the court proceedings, and if the other parent is paying maintenance, the applicant has an immediate duty to report it.

How to apply?

If you want to apply for maintenance allowance, first file a maintenance claim with the court. More information on how to file a claim with the court.

Maintenance allowance during court proceedings is granted if the documents necessary for the application have been submitted within 45 days of the issuance of the order on proposal for payment or order on interim protection of the claim. Along with the application you must provide your identity document, an order on proposal for payment or order on interim protection of the claim. You must also set out the name, personal identification code or date of birth and, where possible, the address of the obligor in the maintenance claim.

• The fastest way to file the application is through the state portal www.eesti.ee
• A digitally signed application can also be filed electronically by sending it to the e-mail address [email protected].
• You can also file your application at the Social Insurance Board’s customer service points or mail it to the address Paldiski mnt 80, 15092 Tallinn.
• After a decision has been made we will send you an e-mail to that effect. In order to access the decision you must log in to our self-service portal. While waiting for the decision on maintenance allowance please check in the self-service portal whether we have your current e-mail address.

How much?

We pay maintenance allowance for up to 150 days and the amount of maintenance allowance per month is 200 euros.

We terminate the payment of maintenance allowance during court proceedings before the passing of 150 days if

• the order on interim protection of the claim has been annulled
• the court proceedings in the matter of the maintenance claim have been terminated
• it becomes evident that the grounds for payment of maintenance allowance were not or are no longer complied with
• the obligor performs their maintenance obligation and pays the child allowance to the extent set forth by the court order
• the obligor or the child is deceased

NB! Maintenance allowance paid during court proceedings must be repaid to the state. Generally, the parent obligated by court order to provide support must repay the maintenance allowance, but in certain cases, the recipient of the allowance must also return it.

• If maintenance is awarded by the court, the parent assigned the support obligation must repay the maintenance allowance.
• If maintenance is not awarded (e.g., the court proceedings are discontinued, or the case is not accepted), then the recipient must repay the maintenance allowance.
• If it is later discovered and proven that the other parent fulfilled the support obligation during the court proceedings, the recipient must repay the maintenance allowance.

To whom?

Maintenance allowance during enforcement proceedings is provided through a bailiff if the parent obligated to pay maintenance fails to do so, despite maintenance having been ordered by a court, or if the parents have reached an agreement on maintenance payments through a notary or family mediator.

• Minor children or youth under 21 years old who are enrolled in educational institutions and risiding in Estonia have the right for maintenance allowance.
• The application for maintenance allowance on behalf of a minor child is submitted to the bailiff by the child’s legal representative. The legal representative can be the child’s parent or guardian, including a legal entity.
• An adult young person can submit the application to the bailiff independently.

How much?

The amount of maintenance allowance during enforcement proceedings is up to 200 euros per month per child. The sum depends on the court decision and whether the obligated person has made any payments.

• Example 1. If an obligor has been ordered by a court decision to pay monthly maintenance of 215 euros, the maximum amount of maintenance allowance per month is 200 euros.
• Example 2. If an obligor has been ordered by a court decision to pay monthly maintenance of 80 euros, the maximum amount of maintenance allowance per month is 80 euros.

How to apply?

If you want to apply for maintenance allowance during enforcement proceedings, you must first file a maintenance claim with the court (information on how to file a claim with the court can be found here and here). If a court judgment has entered into force or a notarised or family mediation agreement has been concluded and the other parent fails to pay maintenance, contact an enforcement agent and commence enforcement proceedings (contact information for enforcement agent’s offices can be found here).

• You can also file with an enforcement agent an application for maintenance allowance along with an application to commence enforcement proceedings. The application form is available on the website of the Chamber of Enforcement Officers and Trustees in Bankruptcy. Information necessary for payment of maintenance allowance during enforcement proceedings is provided to us by the enforcement agent on a monthly basis. 

Maintenance allowance during enforcement proceedings is only paid if the enforcement proceedings have lasted for a full month. If after the 1-month waiting period the parent required to pay allowance has not settled their debt to their child, the enforcement agent will start keeping record of whether and in which amount the child receives monthly allowance.

If the child receives no maintenance allowance in the month following the 1-month waiting period, we will start paying the child maintenance allowance of up to 100 euros per calendar month. If the maintenance ordered by a court decision is lower, the maintenance will be paid on the basis of the amount set out in the court decision. Maintenance allowance payments for the previous month will be made afterwards by the 10^th day of the following month. 

• Example 1. An applicant commences enforcement proceedings in the matter of maintenance on 20 June and at the same time files an application for maintenance allowance during enforcement proceedings. The period of calculation of maintenance starts on 1 August. If the child receives no maintenance in August, the Social Insurance Board will make the maintenance allowance payment in September.
• Example 2. Enforcement proceedings in the matter of a child’s maintenance have lasted since 2016, meaning at least the required 1 month. The applicant files an application for maintenance allowance during enforcement proceedings on 5 January 2017. The period of calculation of maintenance starts on 1 February and if from 1 February to 28 February the child receives no maintenance or receives maintenance less than 200 euros or less than the amount ordered by a court judgment, we will pay maintenance allowance for the month of February in March.
• Example 3. An applicant commences enforcement proceedings in the matter of maintenance on 20 April and at the same time files an application for maintenance allowance during enforcement proceedings. At the time of filing of the application there was a requirement of a 4‑month waiting period. By 1 July two months will have passed since the start of the enforcement proceedings. Consequently, the period of calculation of maintenance allowance is from 1 July through 31 July. Maintenance allowance can be paid in August.

Maintenance allowance during enforcement proceedings can also be applied for from both parents if the applicant is a guardian. In that case enforcement proceedings must be commenced against both parents and an application for maintenance allowance from both parents must also be filed. If an application is filed for receiving maintenance allowance from both parents, it is possible to receive maintenance allowance of up to 200 euros per child a month.

Please note! When calculating maintenance allowance all amounts received as maintenance are taken into account (including amounts paid by, for instance, the child’s grandparents by way of substitution obligation).

• Example: Maintenance in the amount of 260 euros has been ordered to be paid by one parent and at the same time by the child’s grandparents by way of substitution obligation. The child’s grandparents pay monthly maintenance of 260 euros directly to the child’s account. The parent raising the child is under an obligation to inform the enforcement agent of the maintenance received and the enforcement agent will take these amounts into account when paying maintenance allowance. Since maintenance allowance is paid up to 200 euros per calendar month, the child has no right to state maintenance allowance.

Payment of maintenance allowance does not release the obligor from their obligation but the state will claim the debt from the parent who has failed to pay maintenance to their child.

Note! If you receive maintenance allowance and have directly received maintenance payments from the parent obligated to pay them, be sure to inform the bailiff. The bailiff keeps track of received maintenance payments, which affects the maintenance allowance payment. This also reduces the risk of overpayment.

To whom?

Pankrotimenetlusaegne elatisabi (bankruptcy proceedings maintenance allowance) ensures the payment of maintenance allowance to children whose parents are not fulfilling their family law maintenance obligations and who are undergoing bankruptcy proceedings.

• To a minor child who does not receive any other type of maintenance allowance.
• To a full-time student child up to 21 years old who does not receive any other type of maintenance allowance.
• To receive bankruptcy proceedings maintenance allowance, the other parent must have been declared bankrupt, and maintenance must have been determined either by a court order, a notarial agreement, or a family mediation document.

How much?

The amount of maintenance allowance is up to 200 euros per child a month and this is paid throughout the bankruptcy proceedings.

Maintenance allowance during bankruptcy proceedings is paid starting from the declaration of bankruptcy until the termination of the bankruptcy proceedings in the event the obligor does not perform their maintenance obligation. Calculation of maintenance allowance during bankruptcy proceedings takes into account the amount received by the child from the obligor every month.

NB! The maintenance allowance applicant is required to inform the Social Insurance Board if the debtor has paid maintenance to the child in the month for which maintenance allowance is being received. Therefore, if you have received maintenance from the other parent, please inform us. The easiest way to do this is by logging into the self-service portal and selecting "Maintenance Payments" on the main page – "Inform About Maintenance Payments."

You need to inform us of the specific amount of maintenance that the parent responsible for support must pay monthly under the court ruling. Maintenance amounts do not include child support, family support for families with many children, or amounts received from the other parent or transferred by the bailiff for other expenses. Additionally, no notification is required if no valid maintenance allowance has been granted to you, even if the debtor is paying maintenance.

Example 1: On 30 May the obligor transfers 40 euros to the child. If the child received no more maintenance during the calculation period of the month of May (1–31 May), the amount of maintenance allowance for the month of May is 160 euros (200 – 40 = 160).

Example 2: On 5 August the trustee in bankruptcy transfers to the child 30 euros collected from the obligor, and 200 euros on 20 August. During the calculation period of August the child received a total of 230 euros. The child has received from the obligor maintenance of at least 200 euros and so no maintenance allowance will be paid for the month of August.

When the bankruptcy proceedings end, the child has the right to maintenance allowance during enforcement proceedings that can be applied for at an enforcement agent’s office along with commencement of enforcement proceedings.

How to apply?

To receive maintenance allowance during bankruptcy proceedings, bankruptcy proceedings must have been initiated against the parent obligated to pay maintenance.

• If you have received maintenance allowance during enforcement or court proceedings in the last year, we will proactively offer you maintenance allowance during bankruptcy proceedings through the Social Insurance Board's self-service portal.
• If you have not previously received maintenance allowance, you must submit an application (in free form) through our self-service portal to receive maintenance allowance.

If the parent obligated to pay maintenance to a child has moved abroad and does not pay maintenance to the child, then you should contact the Ministry of Justice through whom enforcement proceedings will be commenced in the foreign state and with whom you can also file an application for maintenance allowance during enforcement proceedings.

More information on recognition of maintenance decisions in foreign states.