The payment of child support is an obligation
Here's what you need to know on the subjectWhat to do if alimony is not paid. The debtor is the person who must pay maintenance. The creditor is the person who should receive alimony.
Often, in the case of divorce, the creditor is the one of the parents, even if the maintenance is addressed in reality to the children.
The payment of alimony by the debtor to the creditor is mandatory. Yet it is, alas, a thing frequent. If the debtor refuses to pay the alimony, the creditor may either initiate a recovery procedure, commit a criminal procedure with the aim to condemn the debtor (by filing a complaint to the Commissioner or to the police for"neglect"). Criminal sanctions may consist of a fine of fifteen, euros and a prison sentence of two years. To be able to make a complaint, it is necessary that the debtor has not paid child support for over two months.
In the case of non-payment, remedies are possible
This question has a double meaning insofar as it presents itself in two different situations: a The alimony fixed by the judge has not been paid by the debtor for a month or more.
In these cases, the creditor can make a claim and obtain the payment of arrears from the debtor.
The creditor has a period of limitation of five years for initiating a recovery procedure two The creditor wishes to a compensation for the months or years prior to the date of fixing of the maintenance allowance during which the other parent has not sufficiently fulfilled its duties.
There are two possible remedies to require of the debtor payment of arrears. If these two remedies fail, it is possible to enter the Treasury. In all cases, the creditor who made use of must be in possession of the writ of execution, that is to say, the decision of the judge in family cases which sets out the terms and conditions, the terms and amount of the alimony. This writ attests to the right of the creditor vis-à-vis the debtor.
It is the basis of the recovery procedure.
Before any procedure before the bailiff, before the FCA or the Treasury, the creditor may send a letter of formal notice to pay on the debtor. a bailiff of justice The use of the presence of a bailiff is possible as soon as the first deadline passed unpaid. The bailiff committed a direct payment procedure or entry. The costs of the proceedings and the fees of the bailiff are borne by the debtor. both The FCA: enter the CAF is only possible if the pension is payable by a parent to its children. The FCA, input, initiates a recovery procedure and offers assistance (ASF) to replace the maintenance time of the recovery. If none of these solutions is successful, the creditor must turn to the public Treasury. To do this, he must send a registered letter with acknowledgement of receipt to the public prosecutor at the TGI of competent jurisdiction.
This letter must include certain mandatory documents: writ of execution, fail-proof steps to a bailiff or the FCA etc, If the application is admissible, the public Treasury shall recover.
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