Amendments To The Maintenance Guarantee Fund Act

Original Language Title: Grozījumi Uzturlīdzekļu garantiju fonda likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/242602

The Saeima has adopted and the President promulgated the following laws: the law of maintenance guarantee fund, in do maintenance Guarantee Fund Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2004, 14.nr. 2009, No 14; Latvian journal, 2009, 200. no; 2011, 95 no). the amendments are as follows: 1. Article 5, second paragraph: Add to paragraph 2, after the word "provided" by the word "knowingly" and after the word "or" with the words "this Act" the prescribed period; Add to part with 2.1 as follows: "21) recovered from the applicant of the maintenance of the unduly paid amounts paid by their circumstances, which affect the right to maintenance, and legal interest on the unduly paid amount of the alimony amount;". 2. Supplement article 6 paragraph 2 of the second paragraph after the number "2." with a name and a number "and 2.1". 3. To make article 7 the second subparagraph of paragraph 5 by the following: "5) decide on the payment of maintenance, the refusal to pay maintenance costs for termination, and shall take a decision and issue an executory order for unduly from the recovery of monies disbursed by the Fund from this law by the applicant 5. the second paragraph of article 2 and in the case provided for in point 2.1, as well as other legislation on certain decisions and executory order;". 4. in article 8: replace the words in the first paragraph and the number "a judgment or article 179 of the civil code, part of the sixth case of a judicial decision" by the word "ruling"; turn in the second paragraph, the words "in writing"; make the second sentence of the third paragraph the following wording: "the debtor from the date when the cost of maintenance of the initiated the Fund is obliged to make maintenance and statutory interest payments fund the bailiff's deposit account, which records the execution thing about maintenance."; to complement the seventh part of the first sentence with the word and figure "except this law article 10 referred to in the second paragraph of the case". 5. To exclude article 9. 6. Express article 10 by the following: ' article 10 (1) of the administration of the Fund terminated the maintenance cost if there was at least one of the following circumstances: 1) that is the subject of the child maintenance costs from the Fund, reached the age of majority; 2) child, on which the maintenance costs from the Fund, d.; 3) the debtor dies; 4) the applicant dies; 5) the applicant refused to receive maintenance from the Fund by submitting a petition to the administration of the Fund; 6) applicant deprived of care or custody rights; 7) guardian, which is made from the Fund the costs of maintenance, done to fulfil the duties of a guardian; 8) the applicant is not effectively in the care of children; 9) the applicant or a child, for which the maintenance costs from the Fund, leaving the Republic of Latvia on a permanent basis in a foreign country or those persons not declared place of residence in the Republic of Latvia; 10) the applicant receives the foreign country assigned or other material benefits, which is essentially similar to the Republic of Latvia for the maintenance to be paid from the Fund, which is made from the Fund the costs of maintenance, maintenance; 11) lost the legal basis for the payment of maintenance. (2) If the Court ruling on the basis of which the maintenance cost is made from the Fund, has lost power due to the fact that the entry into force of the new Court ruling for the maintenance of the child, which was made of the cost of maintenance of the Fund, the maintenance, the applicant, within three months from the date of entry into force of the decision on the termination of maintenance costs, the administration of the Fund to submit to this law, the application referred to in article 8 and the documents annexed thereto. If the administration of the Fund, after considering the applicant's right to receive maintenance from the Fund, shall take a decision on the payment of maintenance, the applicant pursuant to this decision shall be paid to the maintenance margin is calculated from the date of the maintenance cost of the Fund was terminated. (3) after the first part of this article 4 of the above circumstance, to the applicant's death and have not yet calculated the amount of maintenance paid within three months from the date of accession this condition is entitled to request and receive in connection with the death of the applicant, the appointed child, on which the maintenance costs from the Fund, the guardian. The family courts at the request of the administration of the Fund not later than two working days provide information on whether the person in question is due to the death of the applicant, the appointed child, on which the maintenance costs from the Fund, the guardian. (4) the expiry of the first paragraph of this article 5, 6, 7, 8, 9, 10 and 11 the circumstances referred to in paragraph, the applicant shall be entitled to submit to the administration of this law of the Fund referred to in article 8, the application and the documents attached to it. (5) If the first was a part 6. or circumstances referred to in paragraph 7, the fosters immediately, but not later than two working days after the decision on the disqualification of care, received a court order for custody of the disqualification or the guardian to perform trustee duties ended, in writing, inform the administration of the Fund. " 7. Replace article 11, first paragraph, the words "or" termination costs "or the costs". 8. Add to the first paragraph of article 11.1 after the number "2." with a name and a number "and 2.1". 9. Article 13 be expressed by the following: ' article 13 (1) the applicant shall be obliged to inform the administration of the Fund on conditions that affect the right to maintenance, not later than within three working days from the date of accession those conditions by submitting the application, if: 1) the child actually is not in the care of the applicant; 2) the applicant or a child, for which the maintenance costs from the Fund, leaving the Republic of Latvia on a permanent basis in a foreign country or those persons not declared place of residence in the Republic of Latvia; 3) the debtor pays maintenance for the applicant; 4) the applicant receives the foreign country assigned or other material benefits, which is essentially similar to the Republic of Latvia for the maintenance to be paid from the Fund, which is made from the Fund the costs of maintenance, maintenance; 5) Court ruling on which is based the cost of maintenance is carried out of the Fund, has lost power or the entry into force of the new Court ruling for the maintenance of the child, which was made of the cost of maintenance of the Fund; 6) joined other circumstances which affect the right to maintenance. (2) the applicant is obliged to repay the Fund, the Fund paid maintenance and legal interest on the unduly paid amount of the alimony amount: 1) if the applicant provides a knowingly false statements (for maintenance); 2) if the applicant within the time limit laid down in this law, not of the circumstances affecting the right to maintenance; 3) paid by their circumstances, which affect the right to receive maintenance. " 10. transitional provisions supplementing paragraph 6 by the following: ' 6. by 2012 and 30 September, the administration of the Fund of funds launched in the maintenance cost of checks that the judicial decision which is made for the cost of maintenance of the Fund, has not lost power. Finding that this court order lapsed or the entry into force of the new Court ruling for the maintenance of the child, which was made of the cost of maintenance of the Fund the Fund Administration, maintenance, maintenance costs, shall inform the applicant of this law, article 10 of the conditions of the second subparagraph. " The law shall enter into force on April 1, 2012. The Parliament adopted the law in 2011 on 22 December. The President a. Smith in 2012 on January 11.