Child Custody in Belgium: Accommodation, Parental Rights, and Child Support (2025)

The Service of Alimony Claims (SECAL) plays a crucial role in Belgium in supporting families facing difficulties in paying child support. Created in 2003, SECAL intervenes to ensure the payment of this support, essential for children's well-being.

Functioning of SECAL

SECAL intervenes when the debtor parent does not pay the child support decided by the court. According to Article 1322bis of the Judicial Code, the creditor parent can request SECAL's assistance if the child support payment is more than two months overdue. SECAL can advance unpaid amounts up to a ceiling of €217.20 per month per child (indexed annually as of January 1st each year to account for inflation). This advance provides temporary support to the creditor parent while initiating steps to recover the amounts due from the debtor.

Conditions for Intervention

To benefit from SECAL's support, several conditions must be met. The creditor parent must prove that amicable steps have been taken, such as sending reminders or formal notices to the debtor. Furthermore, SECAL only intervenes if the judgment or order setting the child support has been served on the debtor by bailiff's exploit, in accordance with Article 1494 of the Judicial Code. It is also imperative that the creditor parent resides in Belgium.

Concrete Examples

Imagine the case of Sophie, a mother of two children, who has not received child support for three months. After several unsuccessful attempts to obtain payment from her ex-partner, she contacts SECAL. After verifying the documents and preliminary steps, SECAL starts paying her approximately €434.40 per month (corresponding to €217.20 per child), while initiating a recovery procedure for the arrears from the debtor.

Recovery Procedure

SECAL can use various methods to recover the advanced amounts, including wage garnishment or seizing the debtor's benefits. According to Article 1445 of the Judicial Code, these procedures can be launched quickly, often within four to six weeks after the creditor parent's request.

Thus, SECAL represents a safety net for Belgian families, guaranteeing them financial support in case of the debtor parent's default, while ensuring the recovery of advanced amounts. This intervention is crucial for maintaining financial stability within the affected households, ensuring that children's needs remain prioritized.