Policy Document

Law on change of the law of 21 February 2013 to establish a service for maintenance claims with the federal governance service Finances and to change the judicial code with the aim to effectively claim maintenance debts

Year

2014

Country

Belgium

Topic

Family & Children

Subtopic

Divorce

Keywords

Divorce

Regions

BE1: Brussels Capital Region,BE2: Flemish Region,BE3: Walloon Region

Main implications

This law provides important changes for receiving advance payments by the DAVO.

- The income limit to receive advance payments is increased to 1,800 Euro (basic amount).

- Only the maintenance debtor has to pay the services of the DAVO.

- In order to claim and collect maintenance allowances, the DAVO has the same rights, claims and guarantees as the maintenance creditor.

- Establishment of a central register of verdicts, arrests and acts that grant a maintenance payment.

- With the central register, a management and monitoring committee in which the Orde van Vlaamse Balies can delegate a lawyer.

- For maintenance debts a general prerogative on portable goods applies limited to 15,000 Euro.

- Withdrawal of the drivers license is possible as additional sanction in case of crime.

Benefits & Requirements

Coverage: Eligible groups or beneficiaries

Divorced people

Does this law grant the right to unilateral divorce?

No

Read the Law

Original full text source in native language

http://www.ejustice.just.fgov.be/cgi_loi/loi_a.pl=http://www.ejustice.just.fgov.be/mopdf/2010/04/21_1.pdf

Original full text web source in native language

http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl
http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl

Author

Inge Pasteels
University of Antwerp/ PXL University College

Katrien Swartelé
PXL University College

Helga A.G. de Valk
Netherlands Interdisciplinary Demographic Institute
Vrije Universiteit Brussel, Interface Demography

Data collected in the framework of the Population Europe Research Finder and Archive (PERFAR)

Cite as

SPLASH-db.eu (2014): Policy: "Law on change of the law of 21 February 2013 to establish a service for maintenance claims with the federal governance service Finances and to change the judicial code with the aim to effectively claim maintenance debts" (Information provided by Inge Pasteels, Katrien Swartelé & Helga A.G. de Valk). Available at: https://splash-db.eu [Date of access].