According to the Ministry of Justice (MoJ), the amendments provide for a pilot project and the transfer of maintenance debt cases to out-of-court recovery service providers in order to speed up debt recovery.
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Recovery of extrajudicial debt from maintenance debtors is planned after the establishment of the debt, but before the decision on transfer of maintenance costs to a sworn bailiff for enforcement.
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The Ministry of Justice also plans to introduce an additional restriction on the maintenance debtor’s use of gambling services – a ban on gambling, including interactive gambling, as well as participation in interactive lotteries specified in the regulatory enactments regulating gambling and lotteries.
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In the opinion of the TM and the Administration of the Maintenance Guarantee Fund, it is not permissible for the debtor to use the financial resources for such activities that are not primarily related to the provision of child support. The amendments stipulate that the gambling organizer will be obliged to make sure at the place of organizing the gambling that the person is not a debtor of maintenance, preventing him or her from being at the place of organizing the gambling.
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Minister of Justice Jānis Bordāns (JKP) said that the amount of alimony paid is still very high. The Administration of the Maintenance Guarantee Fund pays approximately € 4.7 million each month to children instead of around 42,000 parents.
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“Thus, the total indebtedness of non-maintenance debtors to the state is more than 369 million euros. We have a duty to provide and implement all possible additional legal instruments to reduce this debt to the state and motivate maintenance debtors to fulfill their legal obligation to provide maintenance for their children, “said Bordan.
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“The Ministry of Justice will continue to work actively on the faster adoption of these restrictions in the Saeima in the third reading, because in this time of crisis it is even more important to take care of the child’s interests and protection of their rights,” Bordāns emphasizes.
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It is planned that the regulation will enter into force on April 1, 2021, but it has yet to be decided by the parliament.
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TM in cooperation with the Administration of the Maintenance Guarantee Fund has previously introduced the following restrictions for maintenance debtors – information about the debtor is publicly available “www.latvija.lv” and is transferred to the credit information bureau, as well as to the debtor in the cases mentioned in the Maintenance Guarantee Fund Law. a ban on the use of fund management. Similarly, in the cases referred to in the Maintenance Guarantee Fund Law, the debtor is suspended from the operation of the firearm permit, and the debtor is subject to criminal liability for evading the maintenance of the child.
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