Finished the recourse to a judge for a review of the maintenance of the children. An evolution due to the project of law Justice adopted yesterday.
today the judge for family affairs (Jaf) is a figure of passage, when parents do not agree to change the contribution to the maintenance and education of children (commonly referred to as alimony). Tomorrow, he'll have to turn to its family allowance fund (Caf), which will act more quickly (the current time limit before the judge is at least six months) and issue a writ of execution to obtain payment forced in case of non payment.
This new procedure, envisaged by the draft law on the programming for the justice, has just been definitively adopted by Parliament on 19 February. If the publication of the law is expected by the end of march, after the decision of the constitutional Council, the State Council decree, necessary for the application of the experimentation, will be published in a few months. A test before a widespread national.
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automatic Application of the schedule
"The list of departments affected by the experiment for a period of three years shall be fixed by ordinance, the precise Thomas Andrieu, directeur des affaires civiles et du Sceau at the Ministry of Justice. Two or three Sfcs, each covering several counties to territories and varied audiences, should be chosen". Good news, to believe: "The Fca is a legitimate interlocutor and known to all. No one is afraid to speak to her, which is not always the case of recourse to a judge."
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The parent wishing to modify the amount of alimony must base its request on the development of the resources of one of the parents or a change in the place of residence of the child or in the right of visit and accommodation. On the basis of the documents and pieces that come to its notice, the Fca will acknowledge the reality of these changes and set a new support. It will apply a national scale. This reference table, which exists since 2010, is used today as a reference by the judges. But judges can deviate from them, to assess criteria not taken into account by the scale : the level of charges of the parent debtor, the needs of the child (private school, hobby expensive...), new spouse, etc
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For Vincent Charmoillaux, general secretary of the Union of the judiciary, the problem of this reform is : "The situation of a family is not reducible to a scale, it is often more complex and requires a decision on an individual basis. I do not think that the application of a rigid and automatic what schedule is going to pacify the conflicts of the parents." Thomas Andrieu does not share this opinion, for which "this funding dispute may be dealt with administratively. The new procedure will provide greater predictability on processing time and on the amount of the contribution, everyone will know what it will or what it will be due".
court sometimes maintained
When the complexity of the financial situation of the parents will not allow the application of the schedule, the Fca shall reject the request and the judge will take the relay. "A step forward compared to the original text obtained by the national Council of the bar," explains Elodie Mulon, a lawyer, a member of the national bar Council (CNB). We hope that objective criteria be established to determine the complexity".
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A way of diversion, will not pass by the check to Caf. "It may not decide the amount of alimony, it will suffice, therefore, to the parent, to provide access to the judge, to seek something else, for example to be able to collect the child on Friday night and not Saturday morning," says Master Mulon. In these times of lean cows, the recourse to a judge becomes a luxury.