ASPECTS ON THE PAYMENT OF CHILD SUPPORT GRANTED TO THE CHILD
ASPECTS ON THE PAYMENT OF CHILD SUPPORT GRANTED TO THE CHILD

Summary/Abstract: The payment of the child support granted to the minor raises certain problems when thedebtor is of bad faith and has a residence abroad. There are mechanisms at EU level that areable to determine the recovery of the amount of the maintenance pension when the debtor triesto hide the amount of his income.At European level, the reference legislation is EC Regulation 4/2009 on jurisdiction,applicable law, recognition and enforcement of judgments and cooperation on maintenanceobligations. The need to adopt the Regulation was the result of the negotiations that took placein The Hague in 2007, negotiations that led to the adoption of the Hague Convention on obtainingthe maintenance allowance for children and other family members abroad and the Protocol onthe law applicable to maintenance obligations. European countries that have not acceded to theEuropean Union have adopted, by convention, this Regulation, precisely in order to facilitate theaccess of the minor creditor to his debt, in the event that the debtor willfully hinders payment.the debtor's faith is also realized if the debtor does not reside in an EU member state, the situationin which the provisions of the New York Convention apply. In the country of residence of thedebtor all the procedural guarantees are granted to him and the contact with the competentauthorities is made in Romania through the Ministry of Justice, the International CooperationDirectorate.

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