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As creditor, you can obtain the recovery of arrears of maintenance fixed by a court order, if your debtor does not pay or improperly pay support.
You have several ways to get this payment:
- entrust recovery to the Caf (or MSA).. It is possible to initiate this procedure as from 1to unpaid or 1to partial payment. The Caf or the MSA takes care of recovering maintenance unpaid up to 2 years.
- or commit direct payment procedure by appealing to a judicial officer. It is possible to initiate this procedure as from 1to unpaid or 1to partial payment. This procedure covers unpaid maintenance payments in the future and those dating from 6 months or less.
- or request a judge wage attachment by application to the court registry.
- or obtain bank account entry or foreclosure by appealing to a judicial officer.
- or entrust collections to the public purse, after one of the previous procedures has failed.
The limitation period for an action for payment of maintenance arrears is 5 years.
Please note : the offense of abandonment of a family may also be committed against the debtor. This offense is punishable by 2 years' imprisonment and €15,000 fine.