If the parent who does not live with the child fails to pay child support for two months in a row, or pays only part of it, the child is entitled to temporary maintenance from Montenegro's Alimony Fund (Alimentacioni fond). The Fund pays the maintenance amount set by the enforceable title, plus the costs of enforcement, every month into the account of the parent the child lives with, and the state then recovers that amount with interest from the paying parent. You apply to the guardianship authority, free of charge, and the decision is made within 15 days, or 30 days if a special investigation is needed. Since January 2024 foreign children with approved temporary or permanent residence also qualify.
This guide explains who qualifies, how much is paid, which documents you need, the deadlines, payment and what the state does about the parent's debt.
Who qualifies for temporary maintenance?
| Condition | What the law says |
| Child | a child under 18 who is a Montenegrin citizen with registered or temporary residence in Montenegro |
| Foreign child | a child with approved temporary or permanent residence, an asylee or a foreigner under subsidiary protection residing in Montenegro |
| Parent's debt | the parent has not paid, in full or in part, the maintenance set by the enforceable title and the enforcement decision for two months in a row |
| Irregular payment | in the last 12 months the parent owes at least two average monthly maintenance amounts |
| Enforceable title | an enforceable court decision, a notarial deed of a child maintenance agreement or a recognised foreign enforceable title |
- A child placed in foster care, an institution, a religious or military school for more than 30 days without contributing to the costs, or serving a prison sentence of more than six months, does not qualify.
- The right belongs personally to the child, cannot be transferred and cannot be subject to enforcement.
How much is paid and for how long?
- The amount equals the maintenance set by the enforceable title, plus the enforcement costs in the public enforcement officer's decision.
- If the parent pays part, the Fund pays the difference up to the full amount.
- The right is recognised from the day the application is filed.
- It lasts until the parent starts paying in full, at the latest until the child turns 18; for a child unable to work because of illness or disability it continues after adulthood until the parent starts paying.
- The amount is adjusted when the maintenance amount changes.
How do you apply?
- The parent exercising parental rights or the guardian applies on the child's behalf to the guardianship authority on the prescribed form; the authority can also start the procedure of its own motion.
- You enclose proof of the registered or temporary residence of the parent and child, the public enforcement officer's enforcement decision as proof that the parent does not pay, the child's birth register extract and, for a foreign child, proof of residence or protection status.
- The application states the bank account of the parent the child lives with and the date from which the other parent stopped paying.
- No fee is charged.
- The guardianship authority decides within 15 days, or within 30 days if a special investigation is needed.
How is it paid and what if circumstances change?
- The Fund pays temporary maintenance in monthly amounts for the previous month, through a bank, into the account given in the application.
- The Fund is organised within the Ministry of Finance and publishes monthly reports on its funds.
- You can appeal against the decision to the ministry responsible for social welfare, but an appeal does not delay payment.
- The parent the child lives with, the guardian and the paying parent must report any change to the guardianship authority within eight days; failing to report carries a fine of €300 to €1,000.
- A parent or guardian who obtained temporary maintenance on the basis of false data must compensate the state for the amount paid.
How does the state recover the debt from the parent?
- By paying temporary maintenance, the state takes over the child's rights against the paying parent for the amount paid plus interest.
- The Fund issues a decision ordering the parent to pay the amount with interest within eight days.
- If the parent does not pay, the Fund sends the decision to the Protector of Property and Legal Interests to start enforcement, and the decision is an enforceable title against all of the parent's assets.
- If the paying parent dies, the heirs are liable up to the value of the inherited assets.
Property division and custody after divorce are explained in our guide to divorce and property division, and child benefit and parental payments in our guide to child benefit. The birth register extract you need for the application is explained in our guide to the birth register extract, and the work of public enforcement officers in our guide to enforcement. Which country's courts decide on a cross-border divorce is also covered by RoNa Legal.
Frequently asked questions
When does the Alimony Fund pay child support in Montenegro? When the parent has not paid, in full or in part, the maintenance set by the enforceable title for two months in a row, or owes at least two average monthly amounts in the last 12 months.
How much does the Alimony Fund pay? The maintenance amount set by the enforceable title plus enforcement costs, and if the parent pays part, the difference up to the full amount.
Where do I apply? To the guardianship authority, on the prescribed form, free of charge.
How long does the decision take? The guardianship authority decides within 15 days, or within 30 days if a special investigation is needed.
Do foreign children qualify? Yes, if they have approved temporary or permanent residence, or asylum or subsidiary protection, and reside in Montenegro.
Does the paying parent have to repay the money? Yes, because the state takes over the child's rights and recovers the amount paid with interest, and if the parent dies, the heirs are liable up to the value of the inherited assets.
Sources
The right, the amount, the procedure, payment and debt recovery are governed by the Law on Temporary Child Maintenance (Official Gazette 80/2022, applying since 1 November 2022, Articles 2, 5, 8, 9, 11, 13, 15, 20, 23, 24, 26 and 31 to 41), with the amendments of December 2023 (Official Gazette 123/2023), which extended the right to foreign children and tied the amount to the public enforcement officer's decision. The information was checked on 26 September 2026. Fijaka is a classifieds platform; this article is not legal advice.