Alimony: the automatic payment will be managed by the CAF

modified: 2023-01-03 16:43:01

In 2023, the CAF will pay the maintenance allowance. A change that aims to avoid conflicts between parents.

  Alimony: the automatic payment will be managed by the CAF

According to Aripa, in terms of alimony, there would be between 30% and 40% unpaid . At best, they are paid, but only partially or irregularly.

30% and 40% unpaid alimony

Aripa reports between 30% and 40% unpaid bills in matters of alimony. At best, they are paid partially or irregularly . Divorced or separated parents, faced with unpaid child support, can appeal to the Child Recovery Agency. unpaid alimony .

This body, which depends on the Family Allowance Fund (CAF), has the power to automatically organize the payment of pensions. And this, since March 1, 2022. According to information from Franceinfo, the passage through this device will become systematic on January 1, 2023 .

From now on, ' financial intermediation will be automatic, unless both parents oppose it jointly or if the judge dismisses it '. This is what the Minister of Health said in a press release . This applies to all separations with a judgment that fixes alimony.

Alimony: this automatic device concerns all types of divorces

This automatic device therefore concerns judicial divorces , divorces by mutual consent. Or even judicial decisions concerning the exercise of parental authority for unmarried or divorced parents .

After the implementation of this new device, the Aripa will take care of debiting the alimony from the bank account of the parent concerned . And this every month.

The sum will then be transferred to the account of the beneficiary parent. This will allow families to avoid tensions and limit contact and legal recourse. That being so, it is still possible that unpaid bills occur . In this case, Aripa will contact them and intervene from the first month with the creditor.

This service continues even after the child turns 18

Concretely, when the court will have fixed the alimony , legal professionals will send the data to Aripa. The latter will send each of the two parents a letter in order to recover the terms of payment and the RIB. If the debtor parent does not respond, the Aripa may apply a fixed penalty of 110 euros .

A non-payment could result in a recovery action with costs management to be put in place with his employer. Or from Pôle Emploi depending on your situation. After receiving the elements that justice and parents have transmitted. He it will take two months for the service to be set up .

During the said period, the payment of the pension must be between the two parents . Once the intermediation has been set up, the direct debit and the payment are made each month, at the beginning or in the middle of the month. It depends on what the enforceable title provides as well as the choice of payment method .

Note that this service can continue even once the 18 years old of the overwhelmed child. So there is no age limit.

The purpose of this new device

In all of this, the CAF will be the intermediary between the parents for the payment of child support, even if there are no arrears . Explicitly, one of the two parents will send directly to the CAF the alimony that this one will transfer to the other parent .

The objective is to secure payments and avoid family disputes. Maybe also from allow to unclog, a little , family justice that is cracking because of delays. That said, for this, everyone has to play the game.

The advantage of this new system is that in the event of non-payment, CAF or MSA, via Aripa, will be responsible for recovering the unpaid sums . However, in the meantime, a temporary family support allowance can benefit the injured parent. This is' a sum of approximately 185 euros per month and no child .

Recruitment in sight in the courts

To support the courts in the implementation of this reform, the courts are going to recruit clerks . This was reported by the Department of Justice. CAF should also recruit in the coming months. Eric Dupond-Moretti affirms that it is a simple and fair reform . It is in the interest of the child.

' It makes it possible to move from a logic of collection of unpaid debts, administrative hassles, to a logic of prevention and pacification of relations between parents ', he explains.

The Minister adds that it is an instrument of justice and equality between women and men. Furthermore, this reform also aims to reduce the risk of unpaid or partially paid child support . It will make it possible to detect difficulties more quickly and avoid waiting for a large sum of money if the pension is not paid .

Source : Msn