Maintenance in Estonia in 2026: who is entitled, how to calculate it, submit an application, and recover the money

Last updated: 24 April 2026

Maintenance in Estonia is not simply “a fixed amount that one parent pays to the other.” It is a legal obligation to support a child or another family member in need of assistance, and this obligation is governed by law, case law, and the specific circumstances of the family.

The main change in recent years is that Estonia no longer has a single minimum maintenance amount that is the same for all children. Since 2022, the minimum amount has been calculated using a formula. It takes into account the base amount, average salary, family benefits, the number of children, and how much time the child actually spends with each parent. Eesti Riigikohus has expressly stated that current law no longer provides for a single universal minimum maintenance amount for all children.

The material has been prepared based on official sources: Riigi Teataja, Eesti Kohtud, Justiits- ja Digiministeerium, Sotsiaalkindlustusamet, Kohtutäiturite ja Pankrotihaldurite Koda, Statistikaamet, and the case law of the Riigikohus.

In brief: the most important points

In Estonia, maintenance is primarily governed by the Family Law Act, the Code of Civil Procedure, the Code of Enforcement Procedure, the State Fees Act, and the Family Benefits Act.

For a minor child, there is no single fixed amount; instead, the minimum maintenance formula calculated under § 101 of the Family Law Act applies. In April 2026, the base amount used for the calculation is 295,86 euros. An amount equal to 3% of the average gross salary for the previous calendar year is added to this, after which adjustments are made based on family benefits, the number of children, and how much time the child spends with the parent liable for maintenance.

If the other parent does not pay voluntarily, there are usually two main options: file a claim with the court or use the simplified expedited payment order procedure to claim maintenance. As a rule, no state fee is payable for maintenance claims. Once a court decision or notarized agreement has been obtained, enforcement is carried out through a bailiff.

The state may pay maintenance allowance to the child. During court proceedings, it amounts to 200 euros per month and is paid for up to 150 days. During enforcement and bankruptcy proceedings, an allowance of up to 200 euros per month is also available if the conditions provided by law are met.

1. Legal basis: which laws govern maintenance

The principal law is the Family Law Act. In matters of child maintenance, §§ 96–108 are particularly important, as is § 101 regarding the amount of minimum maintenance. This provision establishes the formula for calculating minimum maintenance for a minor child.

When applying to court, the provisions of the Code of Civil Procedure apply. Documents are submitted to the court, and in many cases this can be done electronically through e-toimik. In the case of compulsory enforcement, the Code of Enforcement Procedure applies.

2. Who is entitled to receive maintenance and who must pay it

Maintenance may concern more than just minor children. Under Estonian law, a maintenance obligation may arise between parents and children, spouses, former spouses, and direct-line relatives.

Table: who is entitled to claim maintenance

Who may claim maintenance	From whom	Basis	Main terms
Minor child	From parents	Family Law Act, §§ 96, 100–101	Parents must maintain their child. If one parent does not live with the child or contribute to covering expenses, maintenance is usually awarded as a monetary payment.
An adult child who continues their studies	From parents	Family Law Act, § 97	The right usually continues while acquiring basic, secondary, vocational, or higher education, but no longer than until the age of 21.
An adult child in need of assistance	From parents	General rules governing the maintenance of relatives	The need for assistance, capacity for work, and the financial circumstances of the parties are assessed.
Parent in need of assistance	From an adult child	Mutual maintenance obligation between first-degree relatives	It is important to prove the parent's need for assistance and the child's ability to provide maintenance.
Spouse during marriage	From the other spouse	Obligation to provide joint family support	Spouses must contribute to maintaining the family through both work and property.
Former spouse	From the other former spouse	Post-divorce maintenance provisions of the Family Law Act	This usually applies when a person is unable to support themselves after divorce due to caring for a child, age, or health condition.
The parent of a common child outside marriage	From the child's other parent	Special provisions of the Family Law Act	Support may be available before and after the birth of a child, especially if the need for assistance is related to pregnancy, childbirth, or caring for the child.

In practice, the most common disputes concern maintenance for a minor child.

3. Minimum amount of child support in 2026

The previous model, under which minimum maintenance was rigidly tied to half the minimum wage, is no longer applicable. Minimum maintenance is now determined using the formula set out in § 101 of the Family Law Act. Riigikohus emphasizes that minimum maintenance may differ from child to child because the final amount is affected by the specific circumstances.

Calculation formula

The minimum maintenance payment consists of several components.

Element	How it works
Base amount	In April 2026, the applicable base amount is 295,86 euros.
3% of the average gross salary	3% of the previous calendar year's average gross salary is added.
Family benefits	The child allowance and part of the allowance for families with many children are taken into account.
Number of children	A 15% reduction may apply to the second and subsequent children.
Time spent with the obligated parent	If the child stays with the obligated parent for an average of 7–15 nights per month, the amount is reduced proportionally.

According to the official calculation methodology, 3% of the average gross salary is added to the base amount, after which adjustments are made based on family benefits, the number of children, and the time the child spends with the parent liable for maintenance.

4. Input data for calculations in 2026

The following figures are used in the calculations in this article.

Indicator	Value
Base amount	295,86 €
Average gross salary in 2025	2092 €
3% of the average salary	62,76 €
Child allowance for the first and second child	80 €
Half of the child allowance, which is usually taken into account in the calculation	40 €
Maintenance claim limit in the expedited payment order procedure	409,14 € / month
State maintenance allowance	up to 200 € / month
Duration of maintenance allowance during court proceedings	up to 150 days

The official page on the expedited payment order procedure states that a maintenance claim in this procedure must not exceed 409,14 euros per month.

5. Examples of maintenance calculations

Approximate calculations based on the official methodology are provided below. They do not replace a court decision or the official calculator, as the court may take into account the child's actual needs, the parents' income, assets, the actual allocation of expenses, and other circumstances.

Table: calculation methods and examples

Situation	Method	Calculation	Result	Comment
Example 1: gross income of 1200 €, 1 child, standard model	Since the income is below the average salary, the average salary rather than the actual income is used for the minimum calculation	295,86 + 3% × 2092 − 40 = 295,86 + 62,76 − 40	318,62 € / month	A low income does not in itself mean that child support would automatically be lower than the amount calculated using the formula. The court may reduce the amount below that level only for a compelling reason.
Example 2: gross income of 2500 €, 1 child	If income is above average, the court may take actual income or financial circumstances into account	295,86 + 3% × 2500 − 40 = 295,86 + 75 − 40	330,86 € / month	This is an example of a possible approach, not a rule that automatically applies in every case.
Example 3: gross income of 5000 €, 1 child, the child stays with the obligated parent 8 nights per month	First, the amount is calculated based on income, after which a reduction is applied due to the time the child stays with the obligated parent	Base: 295,86 + 150 − 40 = 405,86; then provisionally 405,86 × 22/30	297,63 € / month	The reduction is presented in simplified form to illustrate the proportion. In practice, the court assesses the actual allocation of costs.
Example 4: gross income of 2500 €, 2 children, age difference of less than 3 years, not twins	A 15% reduction may apply for the second child	1st child: 330,86; 2nd child: 330,86 × 0,85 = 281,23	Total 612,09 € / month	The reduction does not apply to twins or to children whose age difference exceeds three years.
Example 5: 1 child, based solely on the average benchmark, without additional factors	Basic example of the formula-based minimum	295,86 + 62,76 − 40	318,62 € / month	This is the clearest guideline in the case of one child, when the child allowance is received by the parent with whom the child lives.

The law expressly states that if the child stays with the obligated parent for an average of 7–15 nights per month, maintenance is reduced in proportion to the time the child spends there. Where there are several children, a 15% reduction also applies to each subsequent child, except in the case of twins and children with an age difference of more than three years.

6. Can the court set an amount lower or higher than the formula-based amount?

Yes. The formula is not a mechanical button that always provides the final answer.

For good reason, the court may reduce maintenance below the amount calculated using the formula. For example, this may apply if the parent is objectively unable to pay due to their health or if they have another child who would be significantly less financially secure after maintenance is awarded. However, financial difficulties do not release a parent from the obligation to support a minor child.

The court may also determine an amount greater than the minimum calculated according to the formula if the child has greater needs, the parents' incomes are high, or the costs are actually divided unequally.

7. Earlier court decisions before 2022

If, before 1 January 2022, maintenance was awarded as “minimum maintenance” or as a proportion of the minimum wage, that amount will not automatically decrease due to the entry into force of the new law. To change the amount, an application must be made to the court.

It is important to understand that the new law does not automatically recalculate old arrears or previous court rulings. Changing maintenance requires new circumstances and a separate application.

8. Retroactive maintenance

Maintenance can be claimed not only for the future. The Family Law Act allows maintenance and compensation for damage caused by a breach of obligation to be claimed retroactively for up to one year before filing an action with the court.

However, a distinction must be made here between the types of proceedings

Procedure	Can it be claimed retroactively?
Civil proceedings	Yes, up to 1 year before filing the claim
Expedited payment order procedure	No

Official information from the courts clearly states that maintenance cannot be claimed retroactively in expedited payment order proceedings.

9. How to apply for maintenance

In practice, there are two main options: file an ordinary action or use the simplified expedited payment order procedure.

Option 1: file a claim with the court

The action must be filed with the county court. The application must state the child's details, the representative's details, the defendant's details, the amount of maintenance claimed, the grounds for the claim, the parents' financial circumstances, the child's needs, and whether the parents live together or separately. The Eesti Kohtud website provides the official form “Statement of claim for awarding maintenance to a child”.

Option 2: expedited payment order proceedings

This is a faster procedure, but it is not suitable for every situation. It can be used if:

Condition	Requirement
Amount of the claim	No more than 409,14 € per month
Parenting	The debtor must be recorded as a parent in the child's birth record
Retroactive claim	Not allowed
Submission method	via e-File
Review time	Usually up to 10 working days

The courts' official information specifies these exact conditions, including the monthly upper limit of 409,14 euros and the prohibition on making retroactive claims.

10. State fee

As a general rule, no state fee is payable for actions seeking an award of maintenance. Under the rationale of both the previous and current State Fees Act, maintenance claims are among those for which the applicant is exempt from paying the state fee.

This is an important practical advantage: a parent should not leave the child's rights unprotected simply because they lack the money to pay the state fee.

11. Interim measures before the court ruling

If the child needs money before the final court ruling is issued, the court may be asked to grant interim relief, i.e. secure the action.

The courts have created a special form for this purpose entitled “Application for interim relief in a maintenance case”. The application must include the details of the child and the representative, the amount requested, the circumstances justifying urgent intervention, and the financial situation of the parent living with the child.

The interim measure is also important because it may serve as a basis for receiving state maintenance allowance during court proceedings.

12. State maintenance allowance

If a parent does not pay maintenance, the child may receive maintenance allowance from the state.

Types of maintenance allowance

Type of maintenance allowance	When it applies	Amount
Maintenance allowance during court proceedings	If the matter is already before the court and there are grounds for paying support	up to 200 € / month
Maintenance allowance during enforcement proceedings	If enforcement proceedings have been initiated, but the debtor does not pay or pays less	up to 200 € / month
Maintenance allowance during bankruptcy proceedings	If the debtor is in bankruptcy proceedings	up to 200 € / month

According to Sotsiaalkindlustusamet, maintenance allowance during court proceedings is paid for a maximum of 150 days and amounts to 200 euros per month.

The official page on family benefit rates also states that maintenance allowance is paid for a maximum of 150 days during court proceedings, during enforcement proceedings until the child reaches the age of majority or until the age of 21 if studies continue, and throughout the entire duration of bankruptcy proceedings.

13. Procedure and deadlines

Table: where to apply and what to consider

Type of proceedings	Where to apply	State fee	Important deadlines	What to add or indicate
Action for an award of child maintenance	To the county court	Usually €0	Maintenance is usually awarded from the date the action is filed; it may be claimed retroactively for up to 1 year	The parties' details, the amount of maintenance, the child's needs, and the parents' income and expenses
Expedited payment order procedure	via the e-File system	Usually €0	Usually up to 10 working days; an objection by the debtor transfers the case to contested proceedings	Claim up to 409,14 € per month; the debtor is listed as the child's parent; a retroactive claim is not permitted
Securing an action	To the court	Separate maintenance form	May provide interim protection until a decision is made	Child's details, amount, reasons for urgency, parent's financial situation
Enforcement proceedings	To the bailiff	For the maintenance claimant, initiating proceedings should not be the main obstacle	The deadline for voluntary compliance is set by the bailiff	Enforcement instrument, application, debt calculation, payment details
Complaint against the actions of a bailiff	First to the bailiff, then to the court	Depends on the circumstances	The deadlines are short and must be calculated from the moment of the action or refusal	Substantiated complaint and evidence

14. What to do if a decision exists but the parent does not pay

If there is a court judgment, payment order or enforceable notarised agreement, you must contact a bailiff.

An application for the recovery of maintenance is submitted to the bailiff by the child's parent or other legal representative. If maintenance is claimed from one debtor for the benefit of several children, the application is usually submitted for all the children together, rather than separately for each child.

The bailiff initiates enforcement proceedings, sends a demand to the debtor, and may levy execution against income, bank accounts, assets, and claims.

As a general rule, the deadline for voluntary compliance is set by the bailiff, unless it is prescribed by law or a court decision. The deadline may not be shorter than 10 days or longer than 30 days, unless otherwise provided by law. With the claimant's consent, the deadline may also be longer than 30 days.

15. Special measures against the debtor

If the debtor fails to pay maintenance for an extended period, additional restrictions may also be imposed.

The law provides that if, during enforcement proceedings for child maintenance, the debtor has failed to pay maintenance regularly for three months and it has not been possible to recover the money from the debtor's assets, the court may, on the basis of an application by the bailiff and with the consent of the claimant, suspend certain rights and permits. The debtor must be warned beforehand.

Possible restrictions

What can be restricted	How it is applied
Driving licence	On the basis of a court decision, not automatically
Hunting rights	Based on an application to a bailiff
Weapons permit	Through court proceedings
Prohibition on issuing certain documents	Through the relevant authorities after a court ruling

Important: the police are not the authority to which an application for the enforcement of maintenance is submitted. However, some state authorities may execute court orders concerning restrictions on documents or permits.

16. Protection of the debtor: can all income be seized

No. The enforcement of maintenance does not automatically mean that all of the debtor's income will be taken away. However, the rules concerning child maintenance claims are stricter than those for ordinary debts.

The court and the bailiff must maintain a balance. On the one hand, the child has the right to receive maintenance; on the other hand, the debtor must retain the minimum means necessary for subsistence. Nevertheless, maintenance debts have a special legal status, and enforcement may affect income more strictly than in the case of ordinary civil debts.

Riigikohus has also emphasised that if the debtor's rights are restricted, they must have an opportunity to explain why such a restriction would be unfair. For example, if there was a valid reason for the failure to pay or if the restriction would seriously impair their ability to support themselves and other dependants.

17. Competent authorities: who is responsible for what

Authority	What it does	What it does not do
Court of first instance	Handles actions, expedited payment order proceedings, applications for interim relief, and disputes concerning changes to the amount of maintenance	Does not collect the money itself if the debtor does not pay voluntarily
Bailiff	Enforces payment on the basis of an enforceable maintenance order, seizes income and assets, and may initiate special measures	Does not change the amount of maintenance on its own initiative
Sotsiaalkindlustusamet	Pays state maintenance allowance	Does not determine the amount of maintenance between parents in a private-law dispute
Justiits- ja Digiministeerium	Provides an official calculator and explanations, and acts as the central authority in international cases	Does not replace the court in a dispute between parents
Maksu- ja Tolliamet	May help provide proof of income and tax information	Does not enforce maintenance payments
Politsei- ja Piirivalveamet	May participate in the enforcement of document-related or rights restrictions	Does not accept maintenance claims or enforce maintenance payments
Local government social services department	May provide social support, but is not the main authority dealing with maintenance	Does not replace the court, the bailiff or Sotsiaalkindlustusamet

18. International maintenance

If one parent lives in Estonia and the other abroad, the maintenance matter may be resolved through international mechanisms. In the case of European Union countries, the European Union rules governing maintenance obligations apply, and the central authority in Estonia is Justiits- ja Digiministeerium.

If the claimant lives in Estonia and the debtor in another country, they may apply through the central authority. If the claimant lives abroad and the debtor in Estonia, it is usually safer to initiate proceedings through the competent authority in the claimant's country of residence, which will then contact the Estonian authorities.

19. Practical forms and documents

What to search for	Where	Why it is needed
Claim for an award of child maintenance	Eesti Kohtud	Main action for an award of child maintenance
Application for securing an action in a maintenance case	Eesti Kohtud	To apply for interim legal protection
Statement of claim for awarding maintenance to a child at the minimum rate	Eesti Kohtud	To claim minimum maintenance
Statement of claim for the award of maintenance to an adult child who is studying	Eesti Kohtud	To claim maintenance for an adult child who is studying
Application for procedural assistance by a natural person	Eesti Kohtud	To apply for procedural assistance
Application to initiate enforcement proceedings	Kohtutäiturite ja Pankrotihaldurite Koda	To initiate enforcement proceedings
Application for maintenance allowance during enforcement proceedings	Kohtutäiturite ja Pankrotihaldurite Koda / Sotsiaalkindlustusamet	To apply for maintenance allowance during enforcement proceedings

The forms for initiating enforcement proceedings and applying for maintenance allowance during enforcement proceedings are available on the Kohtutäiturite ja Pankrotihaldurite Koda website.

20. What must be proven in court

In a maintenance case, it is generally not enough simply to write: “The other parent does not help.” The evidence must be prepared as thoroughly as possible.

Recommended evidence

Evidence	Why this matters
The child's birth certificate or birth record details	Proves parentage
Housing costs	Show the child's basic needs
Expenses for food, clothing, school and extracurricular activities	Confirm the actual monthly expenses
Medical expenses	Important when the child has greater or special needs
Parents' income information	Necessary for assessing the parties' financial means
Correspondence requesting payment of maintenance	Helps demonstrate that no voluntary support has been provided
Bank account statements	Confirm the presence or absence of payments
Information about the child's overnight stays with the other parent	Affects the calculation of maintenance

21. Most common mistakes

Error	Why this is a problem
Claiming maintenance “for yourself” rather than on behalf of the child	The right to claim maintenance usually belongs to the child, with the parent acting as the child's representative.
Failure to take child benefits into account	Benefits affect the calculation formula.
Using the old “half the minimum wage” principle	Since 2022, this model has no longer been valid.
The belief that the police collect maintenance payments	Recovery is carried out through the court and a bailiff.
Failure to bring an action due to fear of the state fee	In maintenance claims, a state fee usually does not have to be paid.
Claiming retroactive maintenance in expedited payment order proceedings	This is not permitted in these proceedings.
Failure to contact a bailiff after a court ruling	A court decision itself does not guarantee receipt of the money if the debtor does not pay voluntarily.

22. Questions and answers

Is there a fixed minimum amount of child support in Estonia?

No. The amount is currently determined by a formula; it is not the same for all children. The minimum depends on the base amount, the average salary, benefits, the number of children, and the time the child spends with the parent obliged to pay.

Approximately how much is child maintenance for one child in 2026?

For an average salary and the standard child allowance, the guideline is as follows:

295,86 + 62,76 − 40 = 318,62 euros per month

Can maintenance also be claimed retroactively?

Yes, in an action, maintenance can be claimed for up to one year before the action was filed. This cannot be done in expedited payment order proceedings.

Is a state fee payable?

In maintenance claims, the applicant is generally exempt from paying the state fee.

What should be done if the debtor fails to pay after the court decision?

You must contact a bailiff with the enforcement document and an application.

Can the state pay on behalf of the debtor?

Yes, but only within the limits of the maintenance allowance rules. It is usually up to 200 euros per month. During court proceedings, the allowance is paid for a maximum of 150 days.

23. Official sources

Topic	Official source
Family Law Act, § 101 and the maintenance formula	Riigi Teataja — Family Law Act: https://www.riigiteataja.ee/akt/111012023011
Explanation of the base amount and minimum maintenance	Justiits- ja Digiministeerium: https://www.justdigi.ee/era-ja-avalik-oigus/tsiviiloigus/miinimumelatise-muutmine
Official maintenance calculator	Justiits- ja Digiministeerium: https://www.justdigi.ee/elatiskalkulaator/
Expedited payment order procedure	Eesti Kohtud: https://www.kohus.ee/kohtusse-poordujale/tsiviilkohtumenetlus/maksekasu-kiirmenetlus
Statement of claim form for claiming child maintenance	Eesti Kohtud: https://www.kohus.ee/dokumendid-ja-vormid/hagiavaldus-lapsele-elatise-valjamoistmiseks
Interim relief application form in a maintenance case	Eesti Kohtud: https://www.kohus.ee/dokumendid-ja-vormid
Maintenance allowance	Sotsiaalkindlustusamet: https://sotsiaalkindlustusamet.ee/perehuvitised-ja-muud-toetused/elatisabi
Family benefit rates and maintenance allowance	Sotsiaalkindlustusamet: https://sotsiaalkindlustusamet.ee/perehuvitised-ja-muud-toetused/perehuvitiste-ulevaade/perehuvitiste-maarad-ja-maksmine
Enforcement proceedings	Riigi Teataja — Code of Enforcement Procedure: https://www.riigiteataja.ee/akt/12810100
Restriction of the debtor's rights	Riigi Teataja — Code of Enforcement Procedure: https://www.riigiteataja.ee/akt/112032015004
Bailiffs' forms	Kohtutäiturite ja Pankrotihaldurite Koda: https://kpkoda.ee/kohtutaiturid/dokumnetide-ja-avalduste-vormid/
Case law of the Riigikohus on minimum maintenance	Riigi Teataja, court decisions: https://www.riigiteataja.ee/kohtulahendid

24. Summary

In Estonia, maintenance in 2026 is calculated not according to the old “half the minimum wage” principle, but based on a formula. For one child, with the average salary and standard child allowance, the main benchmark in April 2026 is approximately:

318,62 euros per month

However, the actual amount may be either higher or lower, depending on the specific circumstances.

The most important thing for a parent who does not receive voluntary support is not to wait. The correct type of proceedings must be chosen: an action or expedited payment order procedure; if necessary, an application should be made for interim relief and maintenance allowance, and once the enforcement document has been obtained, a bailiff should be contacted.

Maintenance is not a punishment for a parent. It is money for the child's daily life: housing, food, clothing, school, health, development, and a normal childhood.

25. Frequently asked questions

What is the minimum maintenance amount in Estonia in 2026?

Estonia no longer has a single fixed minimum maintenance amount for all children. In the April 2026 example, with the average salary and standard child allowance, the basic guideline for one child is approximately 318,62 euros per month, but the final amount depends on the formula and the specific circumstances.

How can maintenance be recovered if the father does not pay?

If a parent does not pay voluntarily, a claim or an application for expedited payment order proceedings may be filed. After a court ruling, payment order, or enforceable notarised agreement, a bailiff must be contacted. State maintenance allowance may also be applied for if necessary.

Is it necessary to go to court to formalise maintenance?

Not always. If the parents reach an agreement, a notarised agreement can be drawn up. If there is no agreement or the parent does not pay, it is necessary to go to court or use expedited payment order proceedings if the relevant conditions are met.

How can the amount of maintenance be changed?

The amount of maintenance can be changed when circumstances have changed. For example, the child's needs, the parents' incomes, the time the child spends with the other parent, or the number of other children may change. If the amount was set by a court ruling and no agreement can be reached, an application must be made to the court.