The authorities set new requirements for exercising the right to alimony

Centers for social work suspended the adoption of a decision on the collection of child support from the Alimony Fund and ask citizens to first provide proof of non-payment from the public bailiff, although this is not provided for in the Law on Temporary Child Support.

As the portal of the Parents' Association reports, in addition, the centers for social work insist that the number of the giro account be specified in the court decision, and this is also not a requirement stated in the Law.

A large number of parents were faced with such requests from the centers, who tried to exercise that right, but also those who had already submitted requests and expected a decision after 15 days.

According to the parents, who were interested in the centers for social work if the solutions were ready based on the request they submitted at the beginning of November, they were asked for additional documentation.

Apart from the time it takes to start and finish the procedure with the public bailiff, the parents are also worried about the fact that they will have to bear part of the costs.

Attorney Maja Živković confirmed that a large number of parents come forward due to the inability to submit a request to the competent center, in order for the children to exercise their right to temporary maintenance.

She said that the centers return the parents because the decision does not indicate the giro account number to which alimony must be paid.

Živković said that the Law on Temporary Support does not stipulate that the enforcement document - judgment, decision on temporary measure, must contain the giro account number.

"I am also aware that the centers return the parents and ask them to first initiate proceedings before the public bailiff, although there is no such provision in the law," said Živković.

She said that such behavior of competent centers for social work is unclear, which, as she added, apparently entered the implementation of the law unprepared.

Živković believes that parents should submit a request, regardless of the information and instructions they receive in the centers.

"Parents should submit a request, regardless of the indications of the centers for social work that are contrary to the legal provisions, and use the right to appeal, and then possibly a lawsuit, if their request is not accepted," said Živković.

She said that the parents can simultaneously start the procedure for amending the judgment regarding the inclusion of the giro account number in the judgment, in order to make it easier for themselves in the future in the proceedings before the centers for social work.

One of the single mothers who, being interested in the solution, found out that it was necessary to initiate proceedings with the executor, assessed that the promises of the authorities about the Alimony Fund were a lie and a deception.

She said that she submitted the request to the Center in Podgorica and that the decision has still not been delivered to her, even though the deadline is 15 days.

In decisions where the other parent is obliged to contribute to child support, it is often stated that the money is given "in hand", or that the money should be paid into the giro account of the parent to whom the child is entrusted, but without specifying the account number.

There are also situations in which a giro account is specified that has ceased to be active in the meantime. All parents who find themselves in that situation are instructed by the centers for social work to start the procedure for changing the court decision.

Montenegrin courts have already received a large number of requests on this occasion, and they expect that this will be the case in the future as well.

For parents, all this means additional months of waiting and uncertainty as to whether and when they will be entitled to child support from the Alimony Fund.

Some of them received information from the court that a large number of lawsuits had arrived, and that due to the fact that judges have a quota of cases, they can most likely expect a decision only in the middle of next year.

The Parents' Association said that on this occasion they addressed the Ministry of Labor and Social Welfare and the Supreme Court, asking them to allow the procedures for changing judgments in the part of giro account data to be resolved as soon as possible in the best interest of the children.