When the family lives together, this support did not exist
Alimony is a sum of money paid by one person to another in execution of a maintenance obligationIn this, it differs from the compensatory amount that seeks to compensate for the disparities in levels of living of the spouses caused by the divorce. The pension food is the obligation of parents to maintain their children, that is to say, to meet their needs. In the case where one of the spouses refuses to contribute to the normal costs of the household, the other may apply to a judge to force them to participate financially to the expenses related to the maintenance of children. In contrast, in the case of separation of the parents, alimony finds its reason to be. It is mainly due to the children, but a spouse can benefit during the divorce proceedings. The amount of alimony is fixed conventionally between the parties (including in the case of a divorce by mutual consent), either by the judge. The judge will in this case take into account the respective resources of the creditor and the debtor. It can also take into account indicators of the INSEE (national Institute of statistics) relating to the cost of living. It can be revised at any time at the request of the beneficiary of the pension or the one who pays, if there is a change of situation in one of the ex-spouses or an evolution of the needs of the child. In the case of remarriage or cohabitation of recipient: alimony paid to the ex-spouse) and minor children are the subject of a deduction from taxable income: There are various means to force the ex-spouse to pay child support:The saisiesIl are several forms of input: It must apply to the judge of the execution, and then to a bailiff for the seizure-award. The input allows you to benefit from the payment of all the arrears of pension up to five years. This route is preferable if one wants to recover unpaid bills of more than six months, for which the direct payment is ineffective. The payment directUn third party, (by example a bank or the employer of the ex-spouse) will directly pay the pension to the place of the defaulting debtor. There has to be a deadline at least had not been paid on the date fixed. It is addressed to a bailiff, to whom he must submit the judgment fixing the child support and all the necessary information on the debtor. The costs of this procedure are to be borne by the debtor This allows you to receive the sums due for the six months preceding the application. We can not go beyond This method is only effective if it has the address of the debtor and that he has a stable income. The public recovery The pension is claimed by the accountant of the General Directorate of Public Finances (DGFiP) as a tax. It must have already tried without success one of the preceding methods, which implies that the unpaid amount may last quite a long time, and, of course, create a difficult situation for the creditor. It is the most effective method to obtain the payment of the last six terms due and terms to come. This procedure is free of charge It is addressed to a public prosecutor of the court of first instance of the domicile of the creditor.
It is necessary to send a registered letter with acknowledgement of receipt, and include: Using Benefits funds FamilialesLes funds for family Allowances (CAF) have a service to help parents for the recovery of maintenance payments outstanding for more than two months.
The parents can receive the allowance of family support as an advance on the pension unpaid. The payment of this allowance will automatically trigger the implementation of the recovery service. The FCA has the right to initiate or continue any action against the(s) parent(s) default(s) for a refund of the allowance family support paid. The requirements for claiming the benefit of this allocation are the following: In case of partial payment, there shall be paid a differential allowance supplementing the amount actually due. Parents that are not isolated are not entitled to family income support but may benefit from the assistance of a collection service for child support not paid (up to a maximum of two years) in favour of minor children. It is necessary for it to have already committed personally of the shares to make payments for the pension and that these actions were not successful. The family Benefits Funds can also be in charge of the recovery of maintenance for the spouse, ex-spouse and the other children of the debtor, including sums due in respect of the compensatory payment or a share, at the end of subsidies.
