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Amendments To The Maintenance Guarantee Fund Act

Original Language Title: Grozījumi Uzturlīdzekļu garantiju fonda likumā

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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, no. 14, no. 14, 2009; Latvian journal, 2009, 200. no; 2011, no. 95; 2012, 6., nr. 190; 13, no. 188, 232.) the following amendments: 1. Express article 1, paragraph 3 as follows: "3), a debtor parent, with a court order or notarial acts, with which includes the agreement for periodic maintenance payments and enforceable court judgement execution order (hereinafter referred to as agreement on maintenance), the obligation to pay maintenance to their children and who does not comply with a court order or agreement on maintenance or comply with a court order or agreement on maintenance , but does not ensure the minimum amount of maintenance, one based on the Civil Code article 179 fifth, determined by the Cabinet of Ministers; ". 2. Make article 3 first paragraph as follows: "(1) the maintenance guarantee fund (hereinafter Fund) means the set of tools provided for the child's maintenance, if with court ruling on maintenance or the agreement on the maintenance of the civil execution law recognises for the debtor or a court ruling on maintenance or maintenance agreement, but does not ensure the minimum amount of maintenance, a based on article 179 of the Civil Code of the fifth, determined by the Cabinet of Ministers. " 3. To make article 4, first paragraph, point 3 as follows: "Cabinet of Ministers 3) duly registered persons who paid maintenance from the Fund, and the debtor, as well as the Cabinet of Ministers in the order and the amount issued by the news of these persons." 4. in article 5: first part of the expression (4) as follows: "4) provide news from the national information system in the maintenance guarantee fund and debtors ledger credit institutions, branches of credit institutions, credit information bureaus, corporations, which provide lending and financial leasing services, insurance companies and providers of electronic communications services of the debtor, with which they establish or amend the contractual obligations. Cabinet of Ministers shall lay down the procedure and the extent to which available details of such persons; " make the second paragraph (4) and (5) as follows: "4) if necessary, without special authorisation to represent the Court and other State and municipal institutions persons under Council Regulation (EC) No 4/2009 are entitled to legal aid, that is, foreign creditors in cross-border cases, recovery of maintenance for the child or to other persons (in accordance with Council Regulation (EC) No 4/2009) a foreign plaintiff cross-border establishment of paternity in the cases where the claim in accordance with the Council Regulation No. 4/2009 brought together with a claim for recovery of maintenance for the child as well as foreign applicants in cases of foreign courts or competent authorities ruling on the maintenance of a child or other person recognition or declaration of enforceability in Council Regulation No. 4/2009 where provided for; 5) if necessary, without special authorisation to represent the Court and other State and municipal institutions, persons who, in accordance with the Hague 23 November 2007 Convention has the right to legal assistance, that is, foreign creditors in cross-border cases, recovery of maintenance for the child or to other persons (in accordance with the Hague 2007 Convention of 23 November), the foreign plaintiff cross-border establishment of paternity in the cases where the claim in accordance with the Hague 23 November 2007 Convention brought together with a claim for recovery of maintenance for the child as well as foreign applicants in cases of foreign courts or competent authorities ruling on the maintenance of a child or other person recognition or declaration of enforceability of the Hague, 23 November 2007 in the cases provided for in the Convention. " 5. To supplement the law with article 5.1 by the following: ' article 5.1 (1) the administration of the Fund to the public the particulars of the debtor (name, surname, personal code, and the second part of the year of birth) Fund Administration homepage, if: 1), the applicant accepted, and the administration of the Fund has not received from the national or local authorities with information that the disclosure would harm the message the child's interests; 2) the debtor has not the person with the disability or the person that transient unfitness not work more than six months in cases where disability is continuous, or one year of a three-year period in cases where the disability persists with breaks. (2) the particulars of the debtor are made with the objective of protecting the rights of the child and to promote the exercise of parental responsibility — maintenance, as well as responsible and fair fulfilment of obligations. (3) the Cabinet of Ministers shall lay down the procedures for the administration of Public Funds and deleting the particulars of the debtor. " 6. in article 8: make the first and second subparagraph by the following: "(1) the Fund paid maintenance from the consideration of the application by the applicant, if he is a child of the care with which the Court ruling has ordered maintenance or for which there is agreement about maintenance, and joined one of the article 3 of this law the conditions referred to in the first subparagraph. The Fund Administration shall ensure that, when adopting a submission, the applicant explains that the law of the first paragraph of article 5.1 provided for in paragraph 1 of the possible consequences of the agreement and article 13 obligations. (2) if the Court ruling on the maintenance or the agreement on the maintenance of the civil execution law is declared, or if the debtor Court ruling on maintenance or performing maintenance arrangement, which is less than the Civil Code article 179 in the fifth part, the administration of the Fund, on the basis of the application and the attached documents, the applicant paid the Fund maintenance for each child to the extent What, on the basis of article 179 of the civil code, the fifth part, determined by the Cabinet of Ministers, but not most of it, a court judgment or agreement about maintenance. "; make the first sentence of the third paragraph the following wording: "the administration of the Fund within seven days after the decision on maintenance cost, it shall notify the debtor, at the same time informed him of this law, in article 5.1 news sharing arrangements and conditions." 7. Article 10: make the first part of paragraph 6 by the following: "6) applicant or deprived of custody of a continuous law;"; make the first sentence of the second paragraph the following wording: "If a judicial decision which is made for the cost of maintenance of 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 from the Fund the costs of maintenance, maintenance or alimony, agreed on the basis of which the cost of maintenance is carried out from the Fund is terminated due to the new Court ruling on maintenance or agreement on maintenance for the child that was the cost of maintenance of the Fund, or the agreement on maintenance has been amended, 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. "; in the fifth subparagraph, replace the words "care disqualification" with the words "stop" under the aegis of the law. 8. Supplement article 13, first part of point 5.1 by the following: "51) agreement on the maintenance of the child, which was the cost of maintenance, maintenance of the Fund is terminated or amended;". 9. transitional provisions be supplemented with 9, 10 and 11 the following: "9. in this law article 5, paragraph 4, first subparagraph, in respect of the issuance of credit information Bureau report of the national information system in the maintenance guarantee fund and debtors ledger shall enter into force on January 1, 2015. 10. This law 5.1 mentioned in the first subparagraph the particulars of the debtor administration of the Fund in its public website, starting with July 1, 2015. 11. Until 1 July 2015 Fund Administration shall inform the applicant that the disclosure of the terms of the debtors of the maintenance fund and the legal interest is established and not extinguished until 1 July 2015, need to get the consent of the applicant. " The Parliament adopted the law in 2014 October 30. The President a. Smith in Riga 2014 on November 15.