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In cases where a debtor does not want to pay child support or alimony, he can be forced to pay through debt collection. Any creditor who has received a judgement determining that child support or alimony must be paid and the debtor does not meet these payments – the creditor has the right to enforce the judgment through debt collection.
How can a claim for child support or alimony be submitted
in the framework of debt collection?
For those who are entitled to child support or alimony payments, as determined by a court judgment, if the debtor does not comply with the stipulated payments, the creditor may apply to the debt collection bureau nearest to their place of residence. So, for instance, someone who lives in the Jerusalem area may apply to the Jerusalem debt collection office and open a case there for the purpose of collecting child support debt. They must provide a copy of a statement of claim signed and certified by the court, an original child support/alimony judgment or a certified copy of the original, records of financial expenses related to the judgment including receipts, a photocopy of the creditor’s ID card and the attachment, and certification of the creditor’s child support from the National Insurance Institute.
Procedures involved in debt collection
After the creditor has submitted a child support/alimony claim through debt collection, their request to enforce the judgment is submitted for review by the debt collection registrar, who has the authority to act and carry out actions required in order to collect the debt. A child support claim in debt collection will cause the registrar of debt collection, as a first step, to send a warning to the debtor which states that they must either pay their debt, submit a request for a financial capacity investigation, or declare themselves insolvent – within 20 days.
If the debtor chooses not to take one of the options in the warning and the 20-day deadline has passed, the debt collection registrar may begin attachment proceedings for child support debt collection, which can include seizure of the debtor’s funds, seizure of the debtor’s assets with a third party, seizure of the debtor’s real estate in the case of a debt of 50,000 NIS or more, garnishment of the debtor’s salary and even garnishment of their private vehicle.
After the debt collection registrar has activated the garnishment options and after an additional 30 days have passed from the moment the garnishment was imposed, the registrar has the authority to order the realization of the debtor’s funds and transfer them to the child support file until the existing debt is covered.
The creditor also has the right to ask the debt collection registrar to issue an order for the delivery of information about the debtor’s assets, finances, expenses and income or any additional information that may shed light on the debtor’s financial capacity. The creditor should know that obtaining the debtor’s address does not require the approval of the debt collection registrar. As part of these proceedings, the debtor has the right to claim to have paid child support and even submit an application for a stay of execution and request that a hearing be scheduled regarding the requests before the foreclosures are imposed by the debt collection registrar.
Assistance from an attorney
The provisions of the law and the regulations concerning the management of a child support case in debt collection exist so that creditors can receive the child support owed to them. Making use of the services of a child support debt collection attorney will allow you to collect the child support debt by opening a case for child support debt collection with the legal and professional assistance of attorneys who are familiar with the field.
The attorneys who handle these cases will be able to examine your unique case extensively, in order to decide on a course of action, whether through garnishment of child support debt, filing an application for temporary child support debt collection or any other option that the law allows you.