A common question asked
by mothers is "What should I do when my ex doesn't pay support?"
Finding the answer to this question on the internet by pickering divorce service, insofar
as it is a matter of providing means of raising a child, is not only wrong, but
also extremely inefficient.
This is because child
support matters are the responsibility of closely specialized family law
attorneys.
1.
File a maintenance case
A prerequisite is that
once you divorce and your ex-partner does not start paying voluntarily, you are
required to bring a case to court without delay. The moment of separation is
essential, because it is also the beginning moment from which it can be
claimed. To ensure the fastest and nerve-saving process and your portfolio
process, always use an experienced lawyer.
This will give you the
assurance that you will receive the highest possible level of maintenance and
thus protect the best interests of your child and also reduce the financial
burden of raising yourself. After winning the case, obtain a writ of execution.
2.
Form an enforcement case
If, after having won
the maintenance case, the former continues to persist and not pay, initiate an
enforcement case against the PEA against him. In this way, a full study of his
possessions as a property and his salary will be made. After clarifying his
financial situation, ask the private enforcement agent to take appropriate
enforcement action in the form of attachments and restraints.
Keep in mind that
bailiffs will not act as efficiently as you do not require them to do so. In
order to prevent delays and inefficiencies in the progress of the proceedings,
it is always reasonable to represent a lawyer in the enforcement case.
3.
Ask for a payment from the municipality
In case the property or
salary is not found in the enforcement case, from which to collect the
necessary maintenance, the court bailiff should be asked for a certificate that
there is no such thing in reality. An application must then be made to the
respective municipality for payment of the maintenance there.
Keep in mind, however,
that when paying for alimony payments from a municipality, the amount to be
paid each month is significantly smaller than the court awarded.
4.
File a complaint with the prosecutor's office
In particularly serious
cases in which the former is not particularly persistent in paying maintenance,
referral to the Prosecutor's Office remains the last resort, as long as the
failure to pay two consecutive monthly payments without the obligation to have
valid reasons is a crime.
Serious reasons for not
being paid are serious illnesses and disabilities, serving a sentence in
prison, etc. It is a prerequisite for you to file this lawsuit that you have filed
and won a maintenance case, which returns us to the first item of this article.
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