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THE SUPPORT

Last Updated on Thursday, 30 June 2011 14:02 Written by Administrator Thursday, 30 June 2011 13:47

What is child support?

This is the fixed periodic payment, if any, by the court, given to a person in need by another person in to help. This right is based on kinship or marriage between people and can be extended following a divorce.

When support payments?

When parents separate, and that minor children are habitually resident in one of them.

So when the couple went before the judge, interim measures will be established in which you will have a first value of the pension. You will have to pay you that amount immediately after this stage of your divorce.

Regarding the specific case of joint custody, it is not because you have a priori the same expenses for your child that this necessarily implies that there is no alimony to pay.

Is there a calculation of child support?

Section 208 of the Civil Code provides:

"Foods are only granted in proportion to the needs of the person who calls, and the fortunes of one who has. The judge may, even ex officio, and according to circumstances, impose the support of a variation clause permitted by applicable law. "

This means that the amount of child support is not fixed and depends on the resources of family members.

This question is difficult and little documentation you to give you practical and reliable rules for calculating the child support.

However, the CAF has conducted a study to define a complex equation that allows you to accurately assess the amount of your support.

To summarize this study, the result is a fact: the amount of support is around 10%. But that depends on many factors, making this calculation made on a case by case basis.

The amount fixed by the Judge is final there?

Automatically, your support is routinely reassessed every year. These changes follow an indexing INSEE. All these details are clearly explained in your divorce decree. However, it is the payer to make the change because no one is going to mean. If you receive alimony, so be careful on this point to fully accept the changes that your ex-spouse has (or has not) done.

You can request a reassessment of your support.

Indeed, Article 209 of the Civil Code provides:

"When the provider or the recipient of the food is placed in a state such that one can no longer give, or the other no longer needed in whole or part, discharge or reduction can be sought. "

To do this you must send a simple mail an application to the Family Judge stating your request.

If your conditions or your former spouse are changing significantly (eg loss of your job, remarriage but also changes related to your child's needs), you may request a reassessment of your pension. Note that you can ask for this if you are upgrading both the payer if you are the "receiver". If there is an emergency, you must go through a summons in chambers (so you will need a bailiff). The latter method is obviously expensive.

You can be assisted by counsel if desired.

The lawyer will assist you in all these steps and advise you better after reviewing your personal situation.

The fee for a revaluation are 800 euros on average

What if your pension is not paid?

The parents ordered to pay child support can do more or do not pay. Fortunately, you are not helpless, and many remedies are available. A lawyer can assist you in all these approaches. To initiate a proceeding, the creditor must be in possession of an enforceable court order (restraining order reconciliation, divorce, decision of Family Court increasing the pension, etc).

There are two procedural ways: the way the criminal and civil proceedings.

The recourse to the criminal: the crime of abandonment of the family

Article 227-3 of the Penal Code states:

"The fact that a person, not to enforce a court order or judicially approved an agreement requiring it to pay for the benefit of a minor child, a descendant, an ascendant or spouse's pension, a contribution, subsidies or benefits of any kind caused as a result of one family under Titles V, VI, VII and VIII of Book I of the Civil Code, remaining over two months without a full discharge of this obligation is punished by two years imprisonment and 15,000 euros fine. "

Additional penalties may also be ordered (forfeiture of civic, civil and family, not to leave the territory, suspension or cancellation of driver's license).

In other words, the penalty is severe.

To start this process you can either complain to the police station or write a complaint to the prosecutor of the Tribunal de Grande Instance of your home or be issued by a bailiff direct prosecution in the criminal court's home.

the lawyer is competent to assist you and represent you in

The use of civil proceedings

There are three ways for you to pay your child support:

The procedure for CAF

The direct payment procedure (seizure in the hands of third)

The recovery procedure public (the Treasury)

1 - The intervention of the family allowance fund CAF to which the child's home can step in and replace the debtor if the support was not paid for 2 months or more. You will also be provided with a court and attempting a forced recovery action that failed.

CAF can pay the creditor the ASF (Family support allowance in the amount of € 77.84 in 2004) is an advance on the maintenance claim that it can recover from the debtor

In fact it is interesting to go through the CAF when the other parent is really insolvent or has disappeared in the wild.

Indeed, the most effective solution when you know who is the employer of your spouse is the direct payment procedure.

2 - Direct payment

You will pay your child support directly by the employer of your former spouse or other custodian (bank, post office, ASSEDIC, etc.) and this, once a month was not paid.

Just go to the bailiff of the place of your residence which will involve the direct payment procedure. The bailiff's fees for such a procedure are then charged to the debtor, ie your former spouse.

This procedure allows you to pay monthly installments to come, but only the last 6 monthly at most. If this period is exceeded, you will have to choose another type of collection and foreclosure process including pay.

a-The input compensation

This procedure should be used if the backlog exceeds 6 months. You will have to submit your request in the court that convene your debtor (your ex-spouse) to a conciliation hearing. If at that hearing, you are not able to hear you, Judge starts the process of attachment of earnings.

If the debtor does not attend the hearing, the judge may either refer the parties to a future hearing, or cause to be entered directly.

If entry is granted, you will not have to make another approach because it is the clerk who will do it. It then notifies the employer that the act of seizure has 15 days to provide the requested information (there are other entries, amount of remuneration, etc.). The employer will then send a check every month the amount set out in the office that you send.

b-Other entries

You can choose another foreclosure process by contacting a bailiff in order to ask:

The blocking of bank accounts, seizure of personal property, the seizure of the vehicle, a foreclosure.

3 - The recovery from public funds

In case of failure of a means of recovery, you will be able to ask the accountant of the Treasury to use the procedures for tax collection.

To do this, simply send a registered letter with acknowledgment to the prosecutor of the Tribunal de Grande Instance in which your home. With this letter, you must provide details of your debtor, the decision on child support and any document showing that another procedure was initiated and remained unsuccessful.

The amount of child support is then increased by 10% to the Treasury as recovery costs and the costs of prosecution.

source

The recipient of alimony can request a review of the latter when the debtor has suddenly higher incomes?

The maintenance is owed "in proportion to the needs of the person who calls and fortune of him who is."

Support can be reviewed at any time if the food needs of the creditor or the debtor's food resources have changed significantly.

All you have to do to enter the family court with proof of the increased resources of the debtor.

In this case, the judge must consider all elements of the debtor's income: wages, pensions and disability, but also the income of its heritage.

Warning: in case of remarriage or cohabitation of the creditor or debtor of food resources of the spouse or partner are considered by the judge that as they can about their income available after satisfaction of its obligations of mutual aid or contribution to household expenses.

However, for an increase, the support recipient must demonstrate that it is always in need, that is to say, be unable to provide its own resources for their livelihood (or that of the child that student). He must prove that the current amount of pension paid is insufficient to be no longer considered in need.

The discretion of the judge is sovereign, that is to say free. It takes into account existing resources and the needs at the time it renders its decision to uphold the principle of proportionality.

Note: The judge in family court has jurisdiction for all claims amending the consequences of divorce and for all claims concerning rights and duties of the parents of illegitimate children (that is to say, born out of wedlock ) particularly to set or modify child support.

The court with territorial jurisdiction is the domicile of children.

Request for modification of child support as a free download