Enforcement Proceedings for Unpaid Alimony: Your Rights and Steps
Alimony is a payment obligation determined by a court decision to provide financial support to a spouse or child after divorce or separation. Unfortunately, in some cases, this obligation is not fulfilled and alimony creditors suffer. In such cases, it is possible to obtain rights through enforcement proceedings.
What is Enforcement Proceedings?
Enforcement proceedings are a legal procedure initiated by the creditor to collect his receivables from the debtor. Alimony receivables can also be collected through enforcement proceedings. Enforcement proceedings begin with an application to the authorized enforcement office.
Before Applying for Enforcement Proceedings
Before applying for enforcement proceedings, your receivables must be documented. The document that you will receive alimony is the court decision. It is important that this decision is final and has the nature of a judgment.
How to Apply for Enforcement Proceedings?
An application petition is filled out to the authorized enforcement office.
The court decision indicating that alimony will be received and additional documents, if any, are attached to the petition.
Execution fee is paid.
Stages of Enforcement Proceedings
Payment Order: A payment order is sent to the debtor by the enforcement office. The debtor is obliged to pay the receivable within 7 days from the notification of the order.
Seizure: If the debtor does not make payment despite the payment order, the debtor’s assets can be seized upon the request of the creditor. Seizures can be placed on assets such as salaries, money in the bank, and immovable property.
Pressure Penalty: If the debtor deliberately does not pay alimony, the creditor may file a complaint with the enforcement criminal court. Upon complaint, the court may decide to imprison the debtor.
Alimony Creditor’s Rights
The alimony creditor has the right to collect his receivable together with interest.
The debtor has the right to seize his assets.
If the debtor deliberately does not pay alimony, he has the right to request repressive imprisonment.
Things to Consider in Execution Proceedings
Enforcement proceedings must be carried out to the authorized enforcement office where the creditor resides.
The documents required to apply for enforcement proceedings must be complete.
Execution fee must be paid on time.
It would be beneficial to get legal assistance from a lawyer at all stages of the follow-up.
