The law firm Eesti Firma specializes in providing legal services on issues related to child support, including its enforcement and increasing or decreasing the payments. We offer you comprehensive support in this area: from initial consultations and meticulous documentation preparation to representing clients’ interests in court.
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Our firm’s lawyers have deep knowledge of Estonian family law and make every effort to protect clients’ rights and interests in the most delicate matters. Our goal is to provide clients not only with legal support but also with an understanding of all legal processes, helping to achieve fair and lasting solutions.
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What is child support?
Child support is the financial support that one parent (usually the one not living with the child) pays to the other parent or the child’s guardian to provide for the child’s material needs. These payments are intended to cover expenses for housing, food, clothing, medical care, education, and other necessities required for the child’s care and development.
Why is child support necessary?
The main purpose of child support is to ensure the child’s material well-being despite the parents’ divorce. It is important to note that the payments must be sufficient to ensure the child’s normal physical, psychological, and social development, and also correspond to the standard of living and income of the parent providing support.
Principles for awarding child support
According to the Estonian Family Law Act, parents are obligated to support their child until they reach the age of majority (18 years), and if the child continues full-time studies – until 21 years of age. Minor children, as well as children up to 21 who are still studying, are entitled to receive maintenance (child support). After 18, the child must personally petition the court to extend support until 21 if they are in school. The maintenance obligation applies to both parents equally, regardless of whether they live with the child or not.
The primary aim of child support is to ensure the child’s normal development and well-being. The law does not release a parent from this obligation even in difficult life circumstances. In some cases, the maintenance obligation may extend to other relatives (for example, grandparents) if the parents are unable to fulfill it. However, the first and foremost responsibility lies with the parents.
Voluntary Child Support Agreement
Many parents prefer to agree on child support peacefully, without court. A voluntary agreement allows them to determine the amount and terms of payments independently, considering the child’s needs and the family’s financial capabilities. Important: it’s best to formalize such an arrangement in writing. The most reliable option is to conclude the agreement with a notary.
A notarized child support agreement acquires the force of an enforceable document. This means that if the payer stops honoring the agreement, the other parent can go directly to a bailiff, bypassing the court, for compulsory enforcement of the support. It is also permissible to conclude an agreement with the help of a family mediator, which gives it legal force (provided the agreement is properly certified).
When drawing up an agreement, parents are free to stipulate any conditions that are convenient: the amount, timing, and method of payment. The arrangement may also include in-kind support – payment of specific child-related expenses, provision of items, etc. The main point is that the agreement does not infringe upon the child’s rights. Even if a voluntary agreement exists, the child (through their representative) still retains the right to claim the minimum level of support set by law. Therefore, it is not recommended to set the support amount below the minimum allowed by law.
Court Enforcement of Child Support
If no agreement can be reached or one of the parents fails to comply with the agreement, child support is collected through the court. In Estonia, such cases are handled by the county court (maakohus) at the child’s place of residence. You can proceed in two ways:
- Expedited payment order procedure. Suitable if the father (or mother obligated to pay) is listed on the child’s birth certificate, the requested amount does not exceed 1.5 times the minimum monthly support, and there is no dispute about the duty to pay. In this case, an application is filed for a court order for payment of child support. The procedure is faster and usually without hearings if the debtor does not object.
- Lawsuit (claim procedure). If the conditions for the order procedure are not met (for example, a higher amount is requested or objections are expected), a regular lawsuit for child support is filed. The claim is submitted by the parent with whom the child lives, on behalf of the child (or by the child themselves if they are 18–21 years old).
The court usually issues a decision to collect support from the date the claim is filed, but it can award payments retroactively – no more than for the year prior to filing (if it is proven that the parent did not support the child earlier and a debt accumulated).
After obtaining a favorable court decision, it is forwarded to the bailiff service for enforcement if the debtor does not voluntarily pay the court-ordered support.
Child Support Amounts and Calculation
The minimum amount of child support in Estonia is set by law and reviewed annually. Previously, it was tied to the minimum wage (until the end of 2021 – not less than half of the minimum wage). However, since 2022 a new calculation formula has been introduced: now the minimum amount is indexed annually on April 1 based on changes in consumer prices and the country’s average wage. The base is half of the average cost of raising a child per month, which is adjusted each year for inflation. To this base is added 3% of the previous year’s average gross wage.
The minimum child support amount for 2025 – €301.74
For calculating the minimum amount, a fairly complex formula is used, which includes variables dependent on the Consumer Price Index published by the Department of Statistics and the average gross wage of the previous year (reflecting the country’s economic situation and updated annually on April 1).
To calculate the exact amount of support, you can use a special calculator.
In practice, this means a gradual increase in minimum payments. For example, from April 1, 2024, the minimum support for one child was €287.72 per month, and from April 1, 2025 it is already €301.74 per month. These amounts apply if the child stays with the payer less than 7 days a month. If the child spends significant time with the obligated parent, the amount can be reduced (more on that below). Important: if the court set support at the minimum level, the parents themselves must monitor the annual increases to raise the payment in time and avoid accumulating debt.
Multiple Children
When supporting multiple children in one family, the law takes into account an economy of scale effect (shared use of clothing, toys, etc.). Therefore, for the second and each subsequent child, the minimum support amount is 15% lower than for the first. However, this reduction does not apply if the children are twins (or multiples) or if more than 3 years have passed between the children’s birth dates – in such cases, expenses are considered practically independent.
Considering Child Benefits
State child benefits affect the calculation of support. By law, a parent is not obliged to duplicate the needs of the child that are covered by the child allowance and the large family allowance. Therefore, half of the child allowance received for the child is deducted from the support amount if the allowance is received by the custodial parent. Conversely, if the benefits are received by the paying parent (for example, in shared custody), that amount is added to the support. Since 2023, half of the large family allowance is similarly taken into account. This system aims to distribute the maintenance burden with regard to state support: in effect, part of the child’s needs are covered by benefits, and the rest by the other parent’s support.
Considering Time Spent with the Child
If the child spends a significant amount of time with the parent obligated to pay support, the payment amount is reduced proportionally to that share of time. The law sets a threshold: 7 days per month (or more) that the child spends with the payer gives the right to a reduction of support. For example, if a child lives equally with both parents (approximately 15 days with each per month), then formally support may not be collected at all – it is considered that each parent is directly providing for the child. In the case of 50/50 joint custody, support can only be ordered under special circumstances: significantly different incomes of the parents, large special needs of the child, or uneven coverage of expenses by one parent. In other cases of shared custody, the calculation is proportional to days: the more days the child spends with the payer, the smaller the monthly amount.
Increasing and Decreasing the Support Amount
The formulas mentioned are minimum guarantees. The court may award more if the child has special needs (for example, a health condition). Conversely, for objective reasons (the parent’s incapacity for work, having another child who needs support), the court may even reduce the amount below the minimum. Each such case is considered individually. If the family’s circumstances have changed significantly (birth of new children, a change in the child’s living arrangements, changes in income), the parties can request the court to change the support amount.
Enforcement of Child Support Orders
When the court issues a decision to collect support (or the parents conclude a notarial agreement), the enforcement stage begins. If the payer complies with the decision voluntarily, they simply transfer the established amount within the specified time frames, usually monthly in advance for each month. The recipient of the funds on behalf of a minor is typically the other parent who directly cares for the child (or the child themselves, if so decided by the court or by agreement).
If there are no voluntary payments, enforcement is handled by a bailiff (kohtutäitur). For this, an application and an enforcement document – the court decision or notarial agreement – are submitted to the bailiff. Child support collection has priority over other debts of the debtor. This means that if there is an outstanding support debt, the bailiff is entitled to withhold a larger portion of the debtor’s income than in ordinary debts, and the child’s claim is satisfied first.
Enforcement measures include standard steps: seizure of the debtor’s income and property, garnishment of bank accounts, and sale of assets. A distinctive feature of Estonian law is the ability to seriously restrict the defaulter’s rights. By court order, certain licenses and rights of the debtor can be suspended indefinitely until the debt is paid. For example, a persistent support evader can have their driver’s license, hunting license, and firearm permit revoked, and even their right to operate a small boat or engage in licensed fishing suspended. This measure was introduced in 2016 and serves as a serious incentive to pay support on time.
Importantly, non-payment of support for more than 2 months by itself already provides grounds to apply the strictest enforcement measures. In Estonia, thousands of parents have child support debt, and the state strengthens efforts every year to recover it. Bailiffs maintain a register of debtors, and information about the debt may be reflected in credit history.
Child Support Assistance from the State
To prevent a child from suffering due to a parent’s financial irresponsibility, the state provides temporary support – child support assistance. This benefit is paid by the Social Insurance Board (Sotsiaalkindlustusamet) in cases where support is not coming at all or is under compulsory collection. The amount of such assistance is up to €200 per month per child. It is granted for the period of court proceedings on support or during enforcement proceedings if the debtor has arrears. A child residing in Estonia (under 18, or up to 21 if studying) is eligible for this assistance.
Child support assistance is essentially an advance from the state. It is important to understand that this money is not a gift, and the state will later recover it. If the debtor subsequently pays the support, the recipient must report it to avoid overpayment. Ultimately, the disbursed assistance must be repaid either by the debtor themself (when they are found and compelled to pay the debt) or in some cases by the recipient of the assistance – for example, if the court ultimately denied the claim for support. Nevertheless, this program is significant for supporting single-parent families: the child receives at least some funds for living expenses each month while the legal dispute or search for the debtor’s assets is ongoing.
Consequences for Non-Payment of Child Support
Non-payment of child support is a serious offense. Although it is a family-law obligation, evading it in Estonia leads not only to civil measures (debt recovery through a bailiff) but also to administrative liability. In 2013, the law was amended: the refusal to support one’s children was no longer considered a criminal offense and was reclassified as a misdemeanor. Thus, a persistent non-payer faces a fine of up to 300 fine units (the value of a fine unit is set by the state) or arrest (short-term detention) instead of a prison term under a criminal charge. The aim of this change is to punish the violator without giving them a criminal record, while simultaneously strengthening civil enforcement mechanisms.
Aside from fines, a non-paying parent can have certain rights restricted as described above (revocation of driver’s, hunting licenses, etc.) until the debt is paid. If a parent intentionally hides income, assets, or their place of work to avoid payment, the bailiff has the right to involve the police to determine their whereabouts and conduct a financial investigation.
In especially severe cases of prolonged non-payment, this can also affect parental rights. The law does not provide for termination of parental rights for debt alone, but systematic evasion of child support can be viewed by the court as a sign of not fulfilling parental duties properly. This can play a role, for example, in disputes over custody or visitation rights.
The main thing every parent should remember is that responsibility for the child comes first. Even if the relationship between the parents has worsened or life difficulties have arisen, the child’s needs for food, housing, and education do not disappear. The Estonian state strictly ensures that children’s rights to maintenance are protected.
International Enforcement of Child Support
Modern life is mobile: it’s not uncommon for a child’s parents to live in different countries. However, even if the father or mother is abroad, this does not exempt them from paying child support. Estonia provides mechanisms for international cooperation in collecting child support payments.
Within the European Union, Regulation (EC) No 4/2009 is in effect, simplifying the recognition and enforcement of support decisions between EU countries. In Estonia, a Central Authority for international child support matters has been established — the Department of International Judicial Cooperation at the Ministry of Justice. It helps transmit documents and petitions to the competent bodies of other countries. Simply put, if it is known that the debtor resides, say, in Finland or Germany, the Estonian Ministry of Justice, through the Central Authority, will contact the corresponding authority in that country to enforce the court decision.
How should a parent in Estonia proceed if the other parent is abroad?
First of all, obtain an Estonian court decision awarding support (or have a notarized agreement). Then you can contact the Ministry of Justice of Estonia – they will help prepare an application through international channels. For EU countries, this mechanism is sufficient. If the debtor resides in a country with which Estonia has no direct agreement, the Convention on the International Recovery of Child Support (Hague Convention 2007), which Estonia has joined, can help. Through the Central Authority, it is possible to submit documents under this convention as well.
If you are outside Estonia and the debtor is in Estonia, it is better to file an application through the Central Authority of your country, which will contact the Ministry of Justice of Estonia. Estonia, as an EU member, recognizes the decisions of courts of other member states and cooperates in their enforcement.
Keep in mind that political changes can affect cooperation. For example, the termination of legal aid agreements between Estonia and some countries can complicate direct recognition of decisions. In such cases, it’s especially important to consult with lawyers and the Central Authority – you may need to file a new claim in the debtor’s country of residence or use other legal tools.
International child support enforcement is not a quick process, but real examples show that payments can be achieved. The key is to know your rights and assert them persistently. Estonian government agencies provide the necessary resources and help for this, since protecting the child’s interests is a priority even beyond the country’s borders.
Conclusion
Child support obligations in Estonia are regulated clearly and fairly: the law establishes clear principles, minimum guarantees for children, and effective methods to influence non-payers. Parents are advised to reach agreements amicably whenever possible and formalize them properly – this saves time and effort. But if it’s not possible to resolve the issue peacefully, the state provides effective mechanisms for collection through courts and bailiffs.
It is important to remember that child support is not a punishment for the parent, but support for the child. Timely payment of support is a guarantee that your son or daughter will be provided with what they need, even if the family is not living together. By taking care of your children’s rights today, you invest in their well-being, and the Estonian state helps you in this by ensuring legality, precision, and usefulness in every norm.
Motherhood and fatherhood are a great responsibility, but with the right approach and knowledge of your legal options, you can always protect your child’s interests. Child support is an expression of this responsibility, and the law stands guard to ensure that no child in Estonia is left without support.
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If you are facing difficulties with paying or collecting child support, our team of lawyers is ready to offer you professional assistance. The experienced lawyers of our firm specialize in resolving complex issues related to child support, including through court proceedings.
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FAQ | Frequently Asked Questions
Here we’ve gathered answers to the most frequently asked questions about claiming, calculating, and paying child support. This section is helpful for both those required to make payments and those entitled to receive them.
- Who can demand child support?
Alimony can be demanded by children under 18 years of age, or by those who continue their education in a school, technical school, or university after reaching adulthood, but no longer than up to the age of 21.
- What are the main principles of child support enforcement in Estonia?
The main principles are that alimony is determined by the court and is intended for financial support and meeting the basic needs of the children.
- How is the amount of child support calculated?
According to legislation, the amount of alimony cannot be lower than the minimum sum established in Article 101 of the Family Law, calculated based on the Consumer Price Index and the average gross salary.
- Can the amount of alimony be changed?
Yes, the amount of allowance can be changed by the court in case of changes in financial circumstances or the needs of the child.
- How long do you need to pay child support?
Alimony is usually paid until the child reaches 18 years of age but can be extended if an adult child continues education in school, technical school, or university.
- What happens if you don’t pay child support?
If child support payments are not made, enforcement proceedings may be initiated through a bailiff, and/or the debtor may be charged with a misdemeanour offence.
- Can allowance be paid directly to the child?
In special cases determined by the court, alimony can be paid directly to the child, but typically it is transferred to one of the parents.
- Does cohabitation of parents affect child support?
Cohabitation of parents and joint household management with the child is a significant circumstance and will be considered by the court in deciding on allowance.
- Can child support be agreed upon outside of court?
Yes, parents can enter into a child allowance agreement at a notary.
- Can there be a waiver of child support?
A waiver of alimony is not possible in any case, as it unequivocally does not correspond to the interests of the child. The only thing a custodial parent can do is not enforce the child’s right to compulsory collection of allowance.
- How is child support enforced if a parent evades payment?
In such cases, one can apply to a court bailiff for compulsory enforcement of child support, including the possibility of levying execution on the non-payer’s property and income.
- Can the amount of child allowance be more than the legal minimum?
Yes, the amount of alimony can be increased by the court depending on the circumstances of the case, the child’s needs, and the parents’ financial situation.
- Do the debts of one of the parents affect the amount of allowance?
A parent’s debts are not grounds for changing the amount of alimony.
- Is it possible to receive allowance if the child lives abroad?
Yes, alimony can be paid for a child living abroad, provided international agreements and Estonian laws are observed.
- Is it possible to receive alimony from a parent living abroad?
Yes, there are international agreements that allow for the collection of child support from a parent living abroad.
