Act No. 57 / 1948 Coll.
Law on child support
Valid
Effective from 01.07.1948
57.
Law
of 25 March 1948
on child support.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Authorised persons.
(1) The provisions of this Act shall apply to children under 18 years of age who are Czechoslovak nationals whose right to maintenance against persons obliged to provide them with nutrition has been established by an authentic judicial decision, a court settlement or an enforceable notary (public notary) file, if the enforcement of the maintenance entitlement is difficult (hereinafter referred to as the "beneficiaries').
(2) The enforcement of maintenance is difficult if it is reasonable to consider that execution would not lead to a target in the foreseeable future, in particular if it was not possible to enforce the maintenance levy due, to obtain satisfaction within a period of 3 months from the authorisation of the execution.
(3) In agreement with the Ministry of Foreign Affairs, the Ministry of Social Welfare may waive the condition of Czechoslovak citizenship in individual cases of special consideration.
If the conditions set out in Paragraph 1 are otherwise fulfilled, the provisions of this Act may also apply to children older than 18 but not older than 24 years of age,
(a) where they prepare themselves scientifically or professionally for their future occupation (such as a student at a proper school, apprentices, trainees and others); or
(b) if they are unfit for profit for a mental or physical defect, in the previous calendar quarter their own income, including the maintenance amount of 1.800 CZK.
Backup of maintenance benefits.
(1) The State provides, under the assumptions set out in Sections 1 and 2, by means of the Councils of the "District Care for Youth," set up under Section 1 of the Law of 19 March 1947, No 48 Coll., on the organisation of youth care (hereinafter referred to as the "Commission"), authorised persons at their request for a maintenance advance equal to the closest monthly maintenance allowance payable (§ 6, paragraph 4), on the fifth day of each month, for as long as the conditions under § 1 or 2 continue.
(2) Authorised persons may not retain, without the agreement of the Commission, any service paid by the debtor or subdebtor to cover maintenance benefits payable after the date on which the first advance was granted. In the event that the commission leaves such a service to the person entitled, the payment of the maintenance advance shall be suspended for a period corresponding to the amount of the service by the debtor or subdebtor.
Legal consequences of advance payment.
(1) By granting the advance provided for in Article 3, the entitlement of the person entitled to maintenance shall be transferred to the State up to the amount of the advance granted (§ 3 (1), § 6 (4)).
(2) For the recovery of the claim referred to in paragraph 1, the provisions on the recovery of the right of maintenance shall apply by the beneficiary.
(3) The debtor shall pay the Commission, in addition to the maintenance levy due, a special allowance equal to 10% of that levy, which shall be payable to the State.
The state's entry into a hedge execution.
If the person entitled is in execution to ensure entitlement to maintenance, the State shall enter the proceedings at the place of the creditor's enforcement, as soon as the panel notifies the court of execution that the State has taken over the payment of the maintenance advances under Section 3 (§ 6, paragraph 3). The creditor's change to the debtor is effective only from the day on which he was informed by the court.
Driving.
(1) An application for an advance payment for maintenance shall be lodged by the beneficiary on an official form issued by the Ministry of Social Welfare at the commission in whose territory he resides.
(2) The purpose of authorising the granting of advances shall also be delivered by the Commission to the debtor with an invitation to pay him maintenance benefits due from the time when the advance was granted, as well as the special allowance provided for in Article 4 (3).
(3) The Commission shall inform the court (guardian) of the granting of the advance and, if it is brought against the debtor of the execution in order to ensure the right to maintenance, also the enforcement court.
(4) If the Commission considers that one of the authentic instruments referred to in Article 1 (1) has been determined by a higher amount than that corresponding to the property and earnings of the debtor, it shall propose to the guardian court to examine the amount of maintenance in this respect. If the court finds that the maintenance fee is set at too high an amount, it shall determine it for the field of the law to be adequate; The Commission shall grant an advance only to the amount thus determined. The entitlement of the beneficiary to the difference between the advance paid and the maintenance provided for by the authentic instrument referred to in Paragraph 1 (1) shall not be affected by that provision in respect of the debtor.
Reporting duty.
Authorised persons shall, without delay, notify the Commission of any circumstances relevant to the continued provision of advances and significant recovery of advances to the debtor.
Criminal provisions.
The hearing and omission of the adversarial provisions of § 3, § 2 or § 7 punishes, if not more strictly criminal, the district national committee by fine up to 10.000 CZK or by prison (lockdown) within 1 month. In the event of non-availability of the fine, a replacement sentence shall be imposed at the rate of guilt within 1 month.
Cooperate with public authorities.
In the implementation of this law, courts and public authorities and authorities are obliged to cooperate.
Exemption from fees and charges.
The submissions, testimonies and official acts required for proceedings under this law, with the exception of judicial proceedings, shall be exempt from fees and charges for official acts in administrative matters.
The effectiveness of the law.
This Act shall take effect on 1 July 1948; It shall be implemented by the Minister for Social Welfare in agreement with the Ministers for Finance, Home Affairs and Justice.
Dr Beneš v. r.
Gottwald v. r.
Erban v. r.
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Regulation Information
| Citation | Act No. 57 / 1948 Coll., on child support |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.1948 |
|---|---|
| Effective from | 01.07.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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