Cross-border recovery of maintenance

International treaties and legal acts of the European Union governing certain issues of cross-border recovery of maintenance apply in the Republic of Croatia

I) Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

As of 1 July 2013, the Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations applies in the Republic of Croatia.
 
To facilitate cross-border recovery of maintenance, a system of cooperation between Central Authorities designated by the Member States (except for Denmark) has been established. The Ministry of Labour, Pension System, Family and Social Policy performs the activities of the Central Authority of the Republic of Croatia.
 
Maintenance creditors seeking to recover maintenance and debtors against whom a decision on maintenance has been given can lodge the appropriate applications on the forms from the Regulation annexes:
 
A creditor seeking to recover maintenance may make applications for the following: 
  • Application for recognition or for recognition and declaration of enforceability of a decision
  • Application for enforcement of a decision given or recognised in the requested Member State
  • Application for establishment of a decision in the requested Member State where there is no existing decision, including where necessary the establishment of parentage
  • Application for establishment of a decision in the requested Member State where the recognition and declaration of enforceability of a decision given in a State other than the requested Member State is not possible
  • Application for modification of a decision given in the requested Member State
  • Application for modification of a decision given in a State other than the requested Member State.  
A debtor against whom there is an existing maintenance decision may make applications for the following:
 
  • Application for recognition of a decision leading to the suspension, or limiting the enforcement, of a previous decision in the requested Member State
  • Application for modification of a decision given in the requested Member State
  • Application for modification of a decision given in a State other than the requested Member State.
 
Requests for specific measures may also be made, if none of the aforementioned applications have been made. A request for specific measures allows one to seek certain measures which are necessary to assist a potential applicant of one of the above applications in making an application or in determining whether such an application should be initiated.
 
The Ministry of Labour, Pension System, Family and Social Policy will provide assistance in transmitting and receiving applications, initiating or facilitating the institution of proceedings in respect of such applications, as well as help obtain information on the options of receiving legal aid in the state where the application is being made, etc. 

II) Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, The Hague, 2007, entered into force in the Republic of Croatia on 1 August 2014.
 
The Protocol on the Law Applicable to Maintenance Obligations, The Hague, 2007, is also applicable in the Republic of Croatia.
  
III) The Convention on the Recovery Abroad of Maintenance, New York, 1956


The Ministry of Labour, the Pension System, Family and Social Policy carries out the duties of the Receiving Authority in procedures for maintenance claims received from other states party to the Convention, and the duties of the Transmitting Authority in procedures for maintenance claims from a debtor located in another state party to this Convention.
 
For more detailed information on making applications for cross-border recovery of maintenance claims, please refer to the contact information and useful links below.
 
Contact information of the Central Authority and the Receiving Authority and Transmitting Authority of the Republic of Croatia:
 
Ministry of Labour, Pension System, Family and Social Policy
Ulica grada Vukovara 78
10000 Zagreb
Telephone: 01 555 7111
Telephone number for calls outside the Republic of Croatia: +385 1 555 7111
Fax: 01 555 7222
E-mail: pisarnica@mrosp.hr  
Service for International Cooperation in the Field of Protection of Children