What if maintenance is not paid?

Verified 09 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Where a person (the debtor) does not pay maintenance, the creditor has means to recover the sums due.

If the maintenance is not paid by the debtor parent, you can use the following amicable solutions:

You can recover support payments due up to 5 years ago at the most.

To consider forced collection, you must have a court order or a approved parental agreement, or a mutual consent divorce agreement.

If maintenance is not paid or partially paid by the debtor parent, you can initiate one of the following procedures:

  • Enter theAripa: titleContent to benefit from financial intermediation
  • Call in a Commissioner of Justice who can put in place a direct payment procedure, a bank account seizure or a foreclosure
  • Request a wage attachment before the court of justice
  • Ask for recovery of maintenance from the public purse by proving failure of one of the previous recovery procedures. The creditor parent must submit an application to the public prosecutor of the judicial court of his place of residence.

FYI  

The direct payment procedure covers the arrears of the last 6 months only. On the other hand, the direct payment procedure makes it possible to anticipate future maintenance payments.

If the parent who is liable for the maintenance does not pay the maintenance in full for more than 2 months, you can lodge a complaint for abandonment of family.

This offense shall be punished by 2 years' imprisonment and €15,000 of fine.

Warning  

If the debtor parent feels unable to comply with its obligation, it is up to him to act and seize the Jaf: titleContent for request the reduction or removal maintenance.

You can also file a complaint if the parent is liable for maintenance fraudulently organizes or aggravates its insolvency. This offense is punishable by 3 years in prison and €45,000 of fine.

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