Case study 3 - family law - alimony - Slovakia

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In this case study on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.

An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.


Costs of proceedings

Costs in Slovakia

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0

Case B

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0


Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

not compulsory but usual

EUR300

no

EUR0

EUR200

no

on average

EUR150

Case B

not compulsory but usual

EUR800

no

EUR0

EUR200

no

on average

EUR250


Costs for witness compensation, pledge or security and other relevant fees


Case Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

yes

EUR50

no

EUR0

EUR0

Case B

yes

EUR200

no

EUR0

EUR0



Costs for legal aid and other reimbursement



Case study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Case A

Application submitted to Centre for Legal Aid. Provided where: (1) applicant is in material need; (2) case is not clearly unsuccessful, (3) litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.

Case B

Application submitted to Centre for Legal Aid. Provided where: (1) applicant is in material need; (2) case is not clearly unsuccessful; (3) litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.



Case Study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

No

Case B

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is larger than the costs of the legal aid provided)



Costs for translation and interpretation


Case study

Translation

When and under what conditions is it necessary?

Approximate cost?

Case A

For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties.

And eventually also for translation of other documents (for example, judgements) into the language the parties understand.

Depends on various factors. An average of EUR100.

Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees.

Case B

For the translation of documentary evidence or other documents. The court also appoints a translator for the purposes of: (1) translation at request of the Slovak court, including attached documents, addressed to a foreign judicial authority (2) a motion for recognition and enforcement of judgement (including annexes) rendered by Slovak court, abroad; (3) request of foreign judicial authority (4) other judicial documents, unless provided otherwise by European legislation or international convention.

Translation costs incurred in relation to exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR150


                                                                                    


Case study

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state.

However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees

Case B

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state.

However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

Probably higher out-of-pocket expenses and lost earnings of the parties.

EUR500



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Last update: 26/06/2019