Payment of child support awarded by the state. Procedure
Payment of child support awarded by the state. Procedure
Maintenance is expressed in a certain amount of money, which the obliged person / convicted parent / gives to the person / child / who is entitled to it, and the amount is determined according to the needs of the person entitled to maintenance and according to the capabilities of the person obliged to give maintenance. The minimum child support is equal to a quarter of the minimum wage. Or from January 1, 2023. the minimum wage for our country is BGN 780, and the minimum allowance is calculated at BGN 195.
When, according to the enforcement case filed with the bailiff, it is established that the defaulting debtor has no income and no property on which to focus enforcement, the state pays the awarded maintenance to the minor child. This is done at the expense of the defaulting debtor in the amount determined in the court decision, but not more than the maximum amount determined annually by the Law on the State Budget of the Republic of Bulgaria.
The alimony is paid starting from the first day of the month following the month in which the circumstances were established that the obligee has no income and no property on which enforcement can be directed. The defaulting debtor is obliged to refund the maintenance paid by the state together with the legal interest.
The state does not pay alimony awarded to an ex-spouse.
The payment of maintenance by the state is carried out under certain conditions and procedure:
1. Based on the written request of the claimant, the bailiff shall carry out a comprehensive study of the debtor's income and property status. Upon establishing the circumstances, the bailiff draws up a report of findings.
2. The constitutive protocol shall be drawn up in two copies. It indicates the number and date of initiation of the enforcement case, the three names and addresses of the debtor, the claimant and the child/children, the date of birth of the child/children and the monthly amount of maintenance awarded
3. Copies of the documents certifying the debtor's income and property status are attached to the findings protocol. These documents should have been issued by the competent authorities and persons no more than 6 months before the date of drawing up the protocol.
4. When the debtor has income and property on which enforcement cannot be directed, the protocol shall describe the income and/or property, indicating the reasons why enforcement cannot be carried out on them.
5. The creditor, through the bailiff, submits a written request to the municipality at his permanent address for the payment of maintenance.
6. The bailiff sends the request within 10 days of receiving it, attaching:
6.1. a copy of the findings protocol;
6.2. a copy of the executive document;
6.3. copies of the documents certifying the debtor's income and property status.
Upon receipt of the request for the payment of the awarded alimony, a file is created in the municipality, in which all documents containing information about the claimant and the debtor and about the payments made are stored.
7. The alimony is paid monthly starting from the 1st of the month following the month in which the finding report was drawn up.
(a) Before each payment, the creditor is obliged to fill out a declaration that he has not received maintenance from the debtor for the specific month.
(b) Monthly maintenance shall be paid after the end of the relevant month for which it is due.
(c) For the month in which the person reaches the age of majority, maintenance is paid in an amount calculated in proportion to the corresponding number of days in the month until the date of reaching the age of majority.
(d) Within three days of the payment of alimony, the municipality shall notify the bailiff in writing of the payment made and its amount.
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Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg