When child support set by a court decision or another enforceable title is not paid, the creditor (usually the parent with whom the child lives) has the right to turn to civil enforcement (executare silită) as regulated by the Code of Civil Procedure. Depending on the case, enforcement may mean garnishing wages or pensions, freezing bank accounts, selling movable assets and, in extreme cases, forced sale of real estate (foreclosure) belonging to the debtor.
In parallel, the deliberate and persistent non-payment of child support can amount to the criminal offence of family abandonment (abandon de familie) under the Romanian Criminal Code, meaning that the debtor may face not only financial consequences, but also criminal liability.
This article explains, in accessible terms for both parents and debtors, how enforcement of child support works in Romania: what an enforceable title is, how garnishment operates, when foreclosure of real estate comes into play, what rights both creditor and debtor have, and what can happen if obligations are repeatedly ignored.
1. Legal framework for child support in Romania
The obligation to provide maintenance is primarily governed by the Romanian Civil Code. Book II (Family) includes detailed provisions on who owes maintenance, in what circumstances, and how child support is calculated and paid. Some key provisions include:
- Article 499 Civil Code – states that parents are obliged to provide maintenance for their minor child and, in some situations, for a child over 18 who continues studies, but not beyond the age of 26, in line with the principle of the child’s best interests.
- Article 529 Civil Code – regulates the amount of maintenance. When maintenance is owed by a parent, it is generally capped at up to one quarter (1/4) of the net monthly income for one child, one third (1/3) for two children and one half (1/2) for three or more children. The text can be consulted in detail, for example, on specialist sites such as codulcivil.ro and LegeAZ.
- Articles 530–534 Civil Code – deal with how maintenance is provided (in kind or through periodic payments), the date from which child support is owed, how it is paid and in what conditions it can be modified or terminated. A practitioner overview of Articles 529–534 is available (in Romanian) on euroavocatura.ro.
- Article 531 Civil Code – allows the court to increase, reduce or terminate child support if there are changes in the child’s needs or in the debtor’s means (e.g., loss of job, serious illness, increased education costs, etc.).
- Article 532 Civil Code – provides that, as a rule, child support is owed from the date when the court action was filed, but the court may also award maintenance for an earlier period if the creditor was prevented in bad faith by the debtor from filing earlier. An updated version can be found on legislatie.info.
Alongside the Civil Code, Law no. 272/2004 on the protection and promotion of the rights of the child sets the general framework for respecting and guaranteeing children’s rights in Romania. It expressly requires authorities, parents and private actors to act in accordance with the child’s best interests, including when setting and enforcing maintenance obligations.
In practice, child support is most often determined in divorce proceedings or in separate cases concerning parental authority (custody) and child support. Numerous Romanian-language practitioner resources explain how courts calculate child support and what documents are needed, for example the materials published by specialised law firms or guides compiled by child protection authorities.
2. The enforceable title: the starting point of enforcement
2.1. What is an “enforceable title” and why does it matter?
Civil enforcement in Romania may only be carried out on the basis of an enforceable title (titlu executoriu). This principle is set out in Article 632 of the Code of Civil Procedure, which states that enforcement is possible only in virtue of such a title and lists the categories of acts that have enforceable force (final judgments, provisionally enforceable judgments, certain authentic instruments and other titles expressly declared enforceable by law). The Ministry of Justice’s official brochure on civil enforcement summarises this requirement in accessible language.
In child support matters, the enforceable title will usually be one of the following:
- a court judgment (decision or ruling) setting the child support amount, often rendered in divorce proceedings or in a separate child support case;
- a parental agreement or settlement concerning child support, which has been approved and confirmed by a court and thus acquires enforceable force;
- an authentic notarial deed, in so far as it meets the conditions under the Civil Code and Code of Civil Procedure to be considered an enforceable title (for example, a notarised agreement on child support registered as such).
Before initiating enforcement, the creditor parent should obtain a certified copy of the enforceable title and, if necessary, supporting court certificates (for example, confirming that the judgment is final and enforceable).
2.2. From what date is child support owed and what about arrears?
According to Article 532 Civil Code, child support is due, as a rule, from the date when the claim was brought to court. However, the court may award support for an earlier period if the debtor acted in bad faith and deliberately prevented the creditor from filing the claim on time. In practice, this means that arrears can build up for months or even years, provided that the court has recognised them in the judgment. :contentReference[oaicite:0]{index=0}
During enforcement, the child or the parent acting on the child’s behalf can claim both the current monthly support and the arrears acknowledged in the enforceable title. The enforcement request filed with the bailiff should clearly indicate the total outstanding amount at the time of the request, and the bailiff will then continue to track each unpaid monthly instalment going forward.
2.3. Adjusting child support (increase, reduction, termination)
It is crucial to understand that the amount of child support cannot be unilaterally changed by either parent. Article 531 Civil Code allows the court to increase, reduce or terminate child support if justified by a change in circumstances (for example, substantial loss of income for the debtor, serious illness, or significant increase in the child’s needs due to medical or education reasons). :contentReference[oaicite:1]{index=1}
If the debtor can no longer realistically afford the amount set by the court, the lawful solution is to file a new claim to modify child support, not to simply stop paying. Unilateral non-payment, even in the context of genuine financial difficulties, exposes the debtor to civil enforcement and, in some cases, to criminal liability for family abandonment.
3. How enforcement of child support begins
3.1. The role of the bailiff and authorisation by the enforcement court
Enforcement is never automatic: it starts only at the creditor’s request, under Article 663 of the Code of Civil Procedure. The creditor chooses a competent judicial enforcement officer (bailiff) and submits:
- a written enforcement request specifying the enforceable title, the amount owed and the desired enforcement measures (typically wage garnishment);
- a certified copy of the enforceable title (court judgment or other instrument);
- proof of payment of the small court fee (taxă judiciară de timbru) due for the enforcement request.
The bailiff then forwards the file to the enforcement court (usually the judecătorie in the debtor’s domicile jurisdiction) to obtain authorisation of enforcement. Book V of the Code of Civil Procedure describes this mechanism, while the Ministry of Justice’s 2023 brochure on civil enforcement offers a user-friendly summary of each step. :contentReference[oaicite:2]{index=2}
3.2. Summons and informing the debtor
Once the enforcement court authorises enforcement, the bailiff formally serves the debtor with:
- the enforcement order (the court’s ruling authorising enforcement);
- a copy of the enforceable title (if not previously served);
- a payment summons, giving the debtor a short deadline (often 15 days) to pay the full amount owed, under the threat of further enforcement measures (garnishment, seizure of movables, foreclosure, etc.).
In child support cases, bailiffs tend to move quickly towards garnishment, precisely because the main goal is to secure a continuous flow of funds for the child. The debtor has the right to examine the enforcement documents and, if they believe legal rules are being breached (for instance, the title is no longer valid, the amounts are miscalculated, or enforcement is time-barred), they can file an objection to enforcement (contestație la executare).
4. Garnishment (poprire) for child support
4.1. What is garnishment?
Garnishment (poprire) is the enforcement measure by which the creditor pursues money or other intangible assets owed to the debtor by a third party (the “garnishee”), typically the employer or a bank. Article 780 of the Code of Civil Procedure defines its scope: wages, pensions, other periodic incomes and sums of money held in the debtor’s name by third parties can be garnished. :contentReference[oaicite:3]{index=3}
In the context of child support, garnishment has several specific features:
- it usually targets regular income such as wages or pensions;
- it enjoys priority over many other garnishments, precisely because it relates to maintenance obligations;
- it may coexist with other garnishments (e.g., for bank loans or tax debts), but within strict statutory limits.
Practical explanations and examples (in Romanian) of how garnishment works in child support cases can be found on practitioner sites like Indrumari-Juridice / Cuculis & Asociații, which discuss typical issues and court practice.
4.2. How much of a salary or pension can be garnished for child support?
The limits on enforcing against wages and other incomes are set by Article 728 (in some versions 729) of the Code of Civil Procedure, titled “Limits of garnishing monetary incomes”. It provides that salaries, pensions and other periodic incomes intended to ensure the debtor’s subsistence may be garnished as follows:
- up to half (1/2) of the net monthly income for amounts owed as maintenance (child support) or child allowances;
- up to one third (1/3) of the net monthly income for other debts (such as bank loans or commercial debts).
These rules are reproduced and commented on by multiple Romanian legal portals, for example LegeAZ, Legal Land and coduri.juridice.ro. :contentReference[oaicite:4]{index=4}
If several garnishments are applied to the same income (for example, one for child support and another for a loan), the cumulative garnishments cannot exceed half of the net monthly income, except where a special law allows otherwise. In practice, maintenance claims are treated as priority debts within this overall cap.
For the debtor, the fact that the law allows up to half of their net income to be garnished for child support does not mean that the maximum will always be applied; the bailiff calculates concretely what must be retained to cover the child support and arrears, while respecting the statutory caps and taking into account other existing garnishments.
4.3. Wage garnishment: the employer’s obligations
After the bailiff institutes garnishment, they send a garnishment notice (adresă de poprire) to the employer (the garnishee). Upon receiving this notice, the employer must:
- withhold from the debtor’s net wages the amounts indicated by the bailiff (within legal limits) and transfer them to the account specified (usually the bailiff’s enforcement account or the creditor’s account);
- inform the bailiff of any previous garnishments already in place and of the debtor’s net salary amount;
- maintain the garnishment as long as there are outstanding amounts under the enforceable title.
Specialist employment law resources explain in detail how employers should respond to garnishment notices and what their liabilities are if they ignore or mishandle such notices. If an employer fails to comply (for example, does not perform the deductions or transfers), they may be held liable to the creditor for the amounts that should have been withheld.
4.4. Garnishment of pensions and other incomes
Similarly to wages, social security pensions and other regular incomes can be garnished for child support, subject to the same half-of-net-income limit for maintenance obligations. Certain benefits or allowances with special statutory protection may be (wholly or partly) exempt from enforcement, but the general rule is that most pensions and recurring incomes can be garnished to secure child support.
In practice, when garnishing pensions, the bailiff sends the garnishment notice to the pension-paying institution (e.g. the National House of Public Pensions), which then applies the retention and transfers the amounts.
4.5. Garnishing bank accounts
The bailiff may also order garnishment of the debtor’s bank accounts. In that case, a garnishment notice is sent to the banks where the debtor holds accounts. The banks must block the funds and transfer amounts within the limits of the debt and the law. If the accounts receive periodic incomes such as wages or pensions, the bank must still respect the statutory limits (up to half of net income for child support), ensuring that enforcement does not deprive the debtor of subsistence means.
4.6. Objection to enforcement in garnishment cases
The debtor or, in certain circumstances, the garnishee (for example, an employer or bank) can file an objection to enforcement (contestație la executare) if they consider that the garnishment is unlawful or exceeds the legal limits. Typical grounds include:
- incorrect calculation of arrears (claiming more than the enforceable title actually provides);
- breach of garnishment limits (more than half the net income withheld for maintenance);
- garnishment applied to incomes that are exempt from enforcement under the Civil Code or Code of Civil Procedure.
The objection is lodged with the enforcement court and must respect strict deadlines, often 15 days from the date when the contested act was known to the debtor. The Ministry of Justice’s civil enforcement brochure explains the objection procedure in non-technical language. :contentReference[oaicite:5]{index=5}
Importantly, simple financial difficulty or personal disagreement with the amount of child support is not, by itself, a valid ground to annul garnishment; in such cases, the proper path is a separate lawsuit to modify the support amount.
5. Foreclosure of real estate for child support debts
5.1. Why and when does foreclosure come into play?
Typically, child support is enforced through garnishment of wages or other regular incomes, since it is a recurring monthly obligation. However, in some situations the debtor’s incomes are insufficient or cannot be identified (for instance, the debtor works informally without declared income, or has accumulated large arrears over many years). In such cases, the creditor may request enforcement against other assets, including movables and immovables (real estate). :contentReference[oaicite:6]{index=6}
Book V, Title II of the Code of Civil Procedure sets out the detailed rules for enforcement against assets, including a dedicated chapter on foreclosure of immovable property (Articles 812–822 and following). These provisions describe which immovables may be seized, how foreclosure is registered in the land book, how the property is valued, and how the public auction is organised. Commentaries and article-by-article explanations can be found on portals such as coduri.juridice.ro and consultantavocat.ro. :contentReference[oaicite:7]{index=7}
5.2. Main steps in foreclosure for child support debt
In simplified form, when a creditor asks to foreclose on real estate for child support debts, the procedure usually follows these steps (as derived from the Code of Civil Procedure and standard practice):
- Application for foreclosure – the creditor files a specific request to enforce against a particular property, indicating the enforceable title and the property to be seized, in line with the relevant CPC articles on real estate enforcement.
- Authorisation of foreclosure – the enforcement court authorises foreclosure; the bailiff notifies the debtor and sets a deadline (often 15 days) to pay the debt voluntarily.
- Registration of foreclosure in the land book – the bailiff requests the relevant land registry office to register the enforcement in the land book (carte funciară), so that anyone checking the property record sees that it is under enforcement.
- Valuation of the property – a certified expert prepares a valuation report, establishing the market value; the valuation is crucial because it normally forms the basis for the auction starting price.
- Sale notice and publicity – a sale notice (publicație de vânzare) is issued and posted at the bailiff’s office, the court, the city hall, at the property itself and often online, to attract potential bidders.
- Public auction and adjudication – the property is sold by public auction; the price obtained is used to cover the debt (including child support arrears) and enforcement costs, and any surplus may be returned to the debtor.
After the auction, the bailiff draws up an adjudication deed (act de adjudecare), which is the document transferring ownership to the buyer and enabling registration in the land book. The enforcement proceeds are then distributed among creditors according to statutory priority rules, with maintenance claims traditionally considered privileged given their social role. :contentReference[oaicite:8]{index=8}
5.3. Co-owners and common property
If the foreclosed property is co-owned (for example, by both spouses or by several heirs), special rules apply. Under the Code of Civil Procedure, creditors of a single co-owner usually cannot simply sell the whole property; instead, they may need to seek a partition (partaj) first, so that the debtor’s share is separated and only that share is enforced against. :contentReference[oaicite:9]{index=9}
In the case of spouses, the matrimonial property regime (legal community of goods, separation of property, conventional community, etc.) determines the extent to which a creditor can enforce against jointly owned assets for debts of only one spouse. Family law doctrine and court practice are particularly important here; many practitioners recommend that non-debtor spouses or co-owners seek legal advice as soon as they become aware of a foreclosure registration on a jointly owned property.
6. Criminal dimension: family abandonment (abandon de familie)
Non-payment of child support has not only civil law consequences (enforcement) but also potentially criminal law consequences. Article 378 of the Romanian Criminal Code defines the offence of family abandonment, which includes several scenarios, among them:
- failure, in bad faith, to fulfil a legal maintenance obligation;
- non-payment, in bad faith, for three months, of child support (maintenance) ordered by a court.
The updated text of Article 378 can be consulted on LegeAZ – art. 378 Criminal Code. It provides for penalties ranging from criminal fines to imprisonment. :contentReference[oaicite:10]{index=10}
Recent legislative developments have extended the criminal offence to cover non-payment of child support established not only by a court decision, but also by an authentic notarial deed, reflecting a policy choice to treat notarised child support arrangements similarly to judicial decisions for the purposes of criminal liability. Legal analysis of this amendment (introduced in November 2023) can be found on sites such as LegalUp. :contentReference[oaicite:11]{index=11}
In general, criminal proceedings for family abandonment are initiated following a prior complaint (plângere prealabilă) from the victim (the parent receiving child support or the child once of age). The Criminal Code also contains provisions allowing criminal liability to be removed if, before the conclusion of the criminal investigation, the accused fully pays the support arrears.
Civil enforcement and criminal prosecution can run in parallel: enforcement focuses on recovering the unpaid amounts, whereas criminal proceedings sanction the debtor’s culpable behaviour. In practice, the threat of a criminal case is often a powerful incentive for some debtors to resume payment or settle arrears.
7. Rights and obligations of the creditor parent
7.1. Right to seek enforcement
The parent with whom the child lives (or, in some cases, the adult child) has the right to request enforcement whenever the debtor fails to comply with child support obligations set in the enforceable title. In practical terms, this means:
- checking that there is a valid enforceable title (final judgment, notarised agreement, etc.);
- calculating arrears (taking into account any partial payments made);
- choosing a competent bailiff and filing the enforcement request.
The creditor may primarily request wage garnishment, as this ensures regular monthly payments, but can also ask for enforcement against other assets when incomes are insufficient. The creditor can also seek indexation of child support where applicable under the Civil Code (for example, adjustments for inflation when the judgment or law so provide). :contentReference[oaicite:12]{index=12}
7.2. Monitoring garnishment and communicating with the bailiff
After garnishment is instituted, it is important for the creditor to monitor whether amounts are actually being withheld and transferred. In practice, several issues may arise:
- the employer delays or incorrectly applies garnishment;
- the debtor changes jobs without informing the creditor or the bailiff;
- the debtor attempts to evade garnishment by working informally or using undeclared income.
In such situations, constant communication with the bailiff is essential. Bailiffs have legal tools to obtain information about the debtor’s income, for example by requesting data from the tax authority (ANAF), the public pension house, banks, or other institutions. They can then redirect or re-establish garnishments where needed.
7.3. Choosing if and when to file a criminal complaint
Filing a criminal complaint for family abandonment is not mandatory and should be considered in light of all the circumstances. It may be particularly appropriate when there is clear bad faith (systematic refusal to pay despite having the means, deliberate hiding of income, repeated ignoring of enforcement summons). :contentReference[oaicite:13]{index=13}
Some parents choose first to rely solely on civil enforcement; others decide to file a criminal complaint if the situation persists. In all cases, it is advisable for the creditor to consult a lawyer about the timing and usefulness of a criminal complaint, taking into account the child’s interests, the effectiveness of enforcement, the prospects of payment and the impact on family dynamics.
8. Rights and obligations of the debtor parent
8.1. Right to information and to challenge enforcement
The debtor has the right to:
- receive and examine the enforcement order, summons, garnishment notices and any documents concerning foreclosure or other measures;
- consult the enforcement file at the bailiff’s office;
- file an objection to enforcement if they believe that the law has been breached (no valid title, expired claim, miscalculated amount, breach of garnishment limits, enforcement against exempt assets, etc.).
Objections to enforcement have short deadlines and strict procedural rules, so it is generally wise for the debtor to seek legal assistance as soon as the first enforcement documents are received.
8.2. Duty to pay and the option to seek modification of child support
Even if the debtor’s financial situation has worsened (for example, due to job loss, illness or other debts), the duty to pay child support remains in force until the court changes it. The debtor has essentially two constructive options:
- Direct negotiation with the other parent, possibly via mediation, to find a temporary arrangement (for example, rescheduling arrears), without unilaterally altering the court-ordered child support;
- Filing a claim to modify child support based on Article 531 Civil Code, asking the court to reduce (or in some cases to suspend or terminate) child support if substantial changes in means or needs can be proven.
Simply stopping payments is the riskiest course of action and may lead to aggressive enforcement (multiple garnishments, foreclosure) as well as criminal risks.
8.3. Garnishment limits as a form of protection
The garnishment limits set in Article 728/729 of the Code of Civil Procedure – in particular, that no more than half of the debtor’s net income can be garnished for maintenance – also serve as protection for the debtor. The law recognises that the debtor needs a minimum level of income to live. :contentReference[oaicite:14]{index=14}
Where, in practice, the retained amounts exceed these limits (for example, due to errors in calculation or coordination between multiple garnishments), the debtor has the right to request correction, either directly through the bailiff and garnishees or via an objection to enforcement.
8.4. Consequences of persistent refusal to pay
A debtor who persistently refuses to pay child support despite having the ability to do so risks not only civil enforcement but also criminal prosecution for family abandonment. A criminal conviction can affect employment prospects, reputation and, in some contexts, may even influence future disputes over parental authority or contact arrangements.
Even where relations between parents are tense, it is in the debtor’s interest to treat child support as a priority obligation, seeking lawful solutions (adjustment, rescheduling, negotiation) rather than ignoring the issue.
9. Practical recommendations for parents and debtors
- Do not wait for arrears to grow for years – if child support is unpaid for a few months, it is generally more effective to discuss promptly and, failing a solution, to start enforcement procedures sooner rather than allowing arrears to reach unmanageable levels.
- Keep clear evidence of payments – for debtors, it is essential to maintain proof of all payments (bank transfers, receipts, statements). Cash payments without receipts can easily be disputed by the creditor.
- Use official sources and professional advice – consult the updated texts of the Civil Code, Code of Civil Procedure, Criminal Code and Law no. 272/2004, as well as the Ministry of Justice brochure on civil enforcement and the EU e-Justice Portal overview of enforcement in Romania.
- Consult a lawyer when stakes are high – both creditors and debtors benefit from expert advice at key moments: before initiating enforcement, when garnishment is set up, before foreclosure, or when a criminal complaint is considered.
- Keep the focus on the child’s best interests – even when relations between parents are highly conflictual, child support is not a punishment for the debtor but a tool to ensure the child’s adequate standard of living. Serious discussions about enforcement should always keep this principle at their core.
10. FAQ – Enforcement of child support in Romania
1. What is child support and how is it set in Romania?
Child support (pensia de întreținere) is a recurring sum of money that one parent pays to the other parent (or directly to the child once they are an adult) to contribute to the child’s living and education costs. It is usually set by a court judgment in divorce proceedings or in a separate child support case, based on the child’s needs and the debtor’s means, in accordance with the Civil Code and Law no. 272/2004 on the rights of the child.
2. From what date can I ask for enforcement of child support?
As a rule, under Article 532 Civil Code, child support is owed from the date the court action was filed. Once there is an enforceable title (judgment, approved parental agreement or authentic notarial deed) and the debtor fails to pay, the creditor can ask a bailiff to start enforcement for both current monthly support and any arrears recognised in the title.
3. What documents do I need to start enforcement of child support?
In practice, you need: (1) the enforceable title (court judgment or other enforceable instrument) in certified copy, (2) a calculation of arrears, if any, (3) identification details of the debtor and, if available, information about their employment or other incomes, and (4) proof of payment of the court fee for the enforcement request. The bailiff will handle the formalities with the enforcement court.
4. How much of my salary can be garnished for child support?
According to the Code of Civil Procedure, up to half (1/2) of your net monthly income can be garnished for amounts owed as maintenance or child allowance. For other debts (like bank loans), the general limit is one third (1/3) of net income. If several garnishments are applied at once, total garnishments may not, in principle, exceed half of the net income.
5. What happens if I do not have an official salary, but work casually or “off the books”?
If there are no official incomes that can be garnished, the bailiff may seek other assets or incomes (such as movable assets, bank accounts, or real estate). Working “off the books” does not exempt the debtor from the maintenance obligation; on the contrary, deliberate concealment of income may aggravate the debtor’s legal position and fuel arguments about bad faith, including in potential criminal proceedings for family abandonment.
6. Can my social security pension be garnished for child support?
Yes. Public pensions are periodic incomes and can be garnished for child support up to half of the net amount, within the same limits as wages. Some specific supplements or special allowances may be exempt, but the general rule is that pensions are garnishable for maintenance obligations.
7. When does foreclosure of real estate occur for child support debts?
Foreclosure of real estate usually arises when the debtor has no sufficient official income or when large arrears have accumulated over time. In such cases, the creditor can ask the bailiff to enforce against the debtor’s real estate (house, apartment, land), which, after following the statutory foreclosure procedure, may be sold by public auction, with the proceeds used to cover child support debt and enforcement costs.
8. What criminal risks do I face if I do not pay child support?
Non-payment of child support for three months in bad faith, when the obligation has been set by final court judgment or by an authentic notarial deed, can constitute the offence of family abandonment (abandon de familie) under Article 378 of the Criminal Code. The law provides for penalties ranging from criminal fines to imprisonment. In certain situations, if the debtor fully pays the arrears before the criminal investigation ends, criminal liability may be removed.
9. Can I ask the court to reduce child support if my income has dropped?
Yes. If your income has significantly decreased or your circumstances have changed in another relevant way, you can bring a claim to modify child support under Article 531 Civil Code. The court may then increase, reduce or terminate child support based on the new situation. However, until a new judgment is issued, you remain obliged to pay the current amount set in the enforceable title.
10. How long does enforcement of child support usually take?
The duration varies considerably. If the debtor has a stable salary and the employer promptly applies garnishment, payments can start within a few weeks after enforcement is authorised. If incomes must be identified, multiple accounts garnished or real estate foreclosed, the process can take several months or, in complex cases, more than a year. Objections to enforcement and disputes about assets can further extend the timeline.