Elatuskiellot

Elatuskiellot are enforcement measures in Finnish family law designed to secure the payment of maintenance obligations, such as child support and spousal maintenance. They are decisions issued by a court or by enforcement authorities to restrict the debtor’s ability to dispose of or transfer income and assets in order to prevent evasion of maintenance payments.

The measures typically come into play when a person owes maintenance and there is a risk that payments will not be made. Common forms of elatuskielto include actions implemented by the enforcement authority, such as wage withholding (palkan ulosotto) and freezing or restricting the debtor’s bank accounts or other assets. The aim is to ensure that maintenance becomes or remains payable and to prevent concealment or dissipation of funds.

Implementation begins after a request from the recipient of maintenance or the authorities. A court or the enforcement authority assesses the necessity and proportionality of the measure and issues the elatuskielto. The order is enforceable through cooperation with employers and financial institutions and is typically temporary, lasting until the maintenance debt is paid in full or the order is lifted due to a change in circumstances, such as settlement of arrears or a modification of obligations.

Effects: The elatuskielto restricts the debtor’s ability to transfer (or conceal) income and assets to avoid payment. It operates in conjunction with other enforcement tools within Finnish law. Debtors generally retain the right to challenge or seek modification of the order through legal channels.