Filing the application
Application forms can be downloaded below, under "Forms / Online services".
The application for an advance on and recovering maintenance payments includes information on the household and income of the applicant and the creditor.
The application must be completed, signed and sent by post to the FNS.
For the application to be admissible, the applicant must send the following documents to the FNS:
- a copy of the judgment setting the amount of the maintenance as well as the notification of the clerk of the court, or the document of service and the certificate of non-appeal;
- a statement from the clerk of the court in the competent jurisdiction, or a bailiff, stating that private means of enforcement to recover the maintenance have been unsuccessful (e.g. after an attempt to enforce an attachment of earnings).
If such a statement cannot be produced, the creditor may produce any other documents proving that he or she has been unable to recover the debt by private means of enforcement.
The creditor should, to the extent possible, provide information about the debtor concerning:
- his or her identity;
- his or her address (or last known address);
- his or her occupation;
- the names and address of his or her employer;
- the source of his or her income and the nature and extent of his or her assets.
If necessary, the FNS will carry out an inquiry among the interested parties.
Acceptance of the application
When the application is accepted, the President of the FNS notifies the maintenance creditor of that outcome by post, specifying the conditions and modes of payment.
The advance is first due on the 1st of the month following the date on which the application is deemed to be filed.
In the interval between the acceptance of the application and the cessation of FNS payments, the creditor may not take any action against the debtor to recover the owed sums.
The FNS notifies the debtor by registered letter with acknowledgement of receipt that it has upheld the application for payment of maintenance. This letter sets out the sums relating to the payment and recovery and notifies the debtor that the reimbursement of the advance of maintenance, as well as the payment of the recovery charge must be made directly to the FNS, in accordance with the payment terms specified therein.
Cessation of FNS payments
The FNS ceases to pay the maintenance on behalf of the debtor:
- if the debtor dies;
- if the maintenance creditor waives his or her entitlement to maintenance;
- if the maintenance creditor moves abroad;
- in the event that the children finish their studies.
Denial of the application and appeals
Should the President of the FNS decide to deny the advance on maintenance, or to cease maintenance payments, the creditor will be notified by registered letter. In such a case, the notification must specify:
- the reasons for the denial;
- the possible avenues of appeal against the decision;
- the time period within which any appeal must be lodged;
- the authority to whom the appeal should be addressed;
- the method for presenting the appeal.
Appeals against decisions relating to the application for payment fall within the jurisdiction of the justice of the peace of the creditor's residence. Such appeals must be lodged within 40 days of the notification of the FNS President's decision.