The Ministry of Justice has now extended the Corona-related relief when applying for the state maintenance advance by a further three months until June 30th. “This will make it easier for children and single parents to get maintenance payments and thus get through the Corona crisis,” says Justice Minister Alma Zadić. For the year 2021, more than 43 million euros are available from the Family Burden Equalization Fund (FLAF) for the simplified maintenance advance.
According to the current legal situation, according to the ministry broadcast, an advance maintenance payment can be awarded if, firstly, there is an enforcement title for the maintenance claim (e.g. a court order or a court settlement), i.e. the amount of the maintenance to be paid has been determined by a court . Second, when the maintenance debtor is in default of payment. And third, the child has submitted an application for execution to the court or an execution appears to be hopeless.
In the case of a simplified advance maintenance payment during the Corona crisis, advances must be granted by the court by June 30, 2021 even if the child or the parent authorized to represent does not submit a corresponding application for execution to the court. In addition, there is provision for such applications to be exempt from fees during the Corona crisis.