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/202364

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, nr. 14; 2009, 14. no) follows: 1. Article 1: Add to paragraph 1 by the word "code" with the words "which is resident and domiciled in the Republic of Latvia is declared";
Add to paragraph 2, after the word "cost" with the words "If that person is resident and has the declared place of residence in the Republic of Latvia".
2. in article 5: to supplement the first part of paragraph 4 by the following: "4) provide news from the national information system in the maintenance guarantee fund and debtors ledger credit institutions, branches of credit institutions, enterprises, which provides lending and financial leasing services, insurance companies and providers of electronic communications services of the debtor, with which they establish or amend contract.";
to make the second part of paragraph 2 as follows: "2) to recover from that applicant provided false statements (for maintenance) or did not notice the conditions which affect the right to maintenance, the Fund paid maintenance and legal interest on the unduly paid amount of the alimony amount;".
3. Express article 8, fourth subparagraph by the following: "(4) if the debtor to declare their place of residence, communication on maintenance costs shall be published in the newspaper" opening between Latvia and the Fund Administration home page on the internet. "
4. in article 9: to supplement the first part with (4) and (5) as follows: "4), 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;
5 the applicant not actually) in the care of children. ";
make the second paragraph as follows: "(2) the first subparagraph of paragraph 2, in the case referred to in the family courts shall promptly, but not later than two working days after the decision on the disqualification of care and received a court order for custody rights deprivation, inform the administration of the Fund."
5. in article 11: replace the first paragraph, the words "Administration" with the words "Administration";
replace the second paragraph, the word "decision" with the words "referred to in the first paragraph of the notice".
6. To supplement the law with article 11.1 of the following: ' article 11.1 (1) where it is found any of this law, article 5, paragraph 2, of part two of the cases referred to, the administration of the Fund shall decide on the maintenance and the legal interest of the unduly paid amount of the amounts of maintenance recovery and shall notify the applicant.
(2) the applicant is obliged under the first paragraph of this article, the decision to execute within 30 days from the date of receipt of the decision.
(3) if the applicant does not comply with the first paragraph of this article, the time limit, the administration of the Fund shall prepare a notice of enforcement of the decision and shall communicate it to the applicant.
(4) if the applicant referred to in the first paragraph of the decision voluntarily fails to comply within 10 days after it received a warning about the enforcement of the decision, the administration of the Fund shall prepare and submit to the sworn bailiff for the execution of the administrative procedure law in the executory order issued. "
7. To supplement the law with the 13, 14 and 15 of the article as follows: "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 if: 1) the child is not actually located 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.
(2) the applicant is obliged to repay the Fund, the Fund paid maintenance and legal interest on the unduly paid amount of the maintenance amounts if the applicant has supplied false statements (for maintenance) or is not of the circumstances affecting the right to maintenance.
Article 14 obligation of the debtor to repay the Fund article 8 of this law in accordance with the procedures specified in the maintenance and paid legal interest on them.
Article 15 (1) the application of this law, it is considered that a person permanently resident in the Republic of Latvia, the Republic of Latvia, if staying not less than six months per calendar year. The person's departure from the Republic of Latvia to foreign countries if its absence for more than six months during the calendar year, are not taken into account, if the reason for the departure is related to receiving medical assistance in a medical institution, training in accredited educational institution or with the Latvian diplomatic and consular services or the military service of the Republic of Latvia national armed forces abroad.
(2) in case of doubt, the person must prove that it is resident in the Republic of Latvia. "
8. transitional provisions be supplemented with (4) and (5) the following: "4. In the period from 1 January 2010 to 2012 December 31 maintenance from the Fund cases in maintenance costs start at and in matters initiated after 1 January 2010, in accordance with article 8 of this law the second part be paid amounting to: 1) for each child from his birth until the age of seven years — 30 lats but not more than the Court ruling, as well as not exceeding the amount specified by the Cabinet of Ministers pursuant to article 179 of the civil code the fifth part;
2) for each child from seven years of age to 18 years of age: 35 lats, but not more than the Court ruling, as well as not exceeding the amount specified by the Cabinet of Ministers pursuant to article 179 of the civil code the fifth part.
5. No later than 30 June 2010, the administration of the Fund, the Fund initiated the maintenance costs in the case of the applicant and the examination of children carried out maintenance costs from the Fund, the existence of a declared place of residence in the Republic of Latvia, as well as in case of doubt, check that they are permanently resident in the Republic of Latvia. Finding that the applicant or a child, for which the maintenance costs from the Fund, would leave 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, the Foundation's administration stopped the maintenance costs according to this law, article 9, first paragraph, point 4. "
The law shall enter into force on January 1, 2010.
The law adopted by the Parliament in 2009 on 1 December.
President Valdis Zatlers in Riga V 2009 December 21