Marriage desertion and family abandonment

It will depend on your goal.

if you intend to get a legal penalty against the debtor for missed maintenance payments, you should reach out to the criminal judge where the debtor lives.

If your goal is to enforce arrears that are over, you need the family law judge permission.

 In some cases, you can also seize both.

The recipient can report it to the police or gendarmerie. Investigation will start when filing a report and the public prosecutor is in charge of pursuing charges against the debtor or not.

If the decision is to proceed, the criminal judge is appointed.

If the debtor is already under prosecution, you can issue a police report if there is non-compliance and join the proceedings as a civil party or directly become a civil part during the hearing and be entitled to damages.

The recipient can also opt for a faster process by requested the issue of a bailiff’s warrant for the outstanding amount. In this process, the court will issue an order claiming a provision.

Going through a bailiff’s warrant process is also very useful to get evidence of the breach.

Yes!

Failing to pay maintenance can lead to criminal sanctions, such as €15,000 fine and 2-year imprisonment.

A debtor can also face sanctions if they forget to mention a change in their postal address.

Dealing with missing maintenance payments or child support payments varies from country to country, as each jurisdiction has its own legal systems and procedures. However, there are some common approaches that many countries take to address the issue of missing maintenance payments:

Legal Action:

• Civil Courts: The custodial parent or the one entitled to receive maintenance can take legal action through civil courts to enforce the payment. This may involve court orders and judgments.

Family Courts: Family or domestic relations courts often handle matters related to maintenance or child support. They may issue orders and enforce compliance.

Government Agencies:

• Many countries have government agencies or departments responsible for enforcing child support. These agencies may have the authority to collect and distribute payments.

Income Withholding:

• In some jurisdictions, income withholding orders can be issued, requiring the employer of the paying parent to deduct the maintenance amount directly from their wages.

Inter-Governmental Agreements:

• Some countries have agreements with other nations to facilitate the enforcement of maintenance orders across borders.

Suspension of Licenses:

• Some jurisdictions allow the suspension of various licenses (e.g., driver’s licenses, professional licenses) for individuals who are in arrears on maintenance payments.

Credit Reporting:

• In certain countries, non-payment of maintenance can impact the delinquent parent’s credit score, affecting their ability to secure loans or credit.

Criminal Sanctions:

• In extreme cases, failure to pay maintenance can lead to criminal sanctions, such as fines or imprisonment, depending on the laws of the jurisdiction.

It’s important to consult the specific laws and regulations of the country in question, as they can vary significantly. Additionally, many countries have international agreements to assist with the enforcement of maintenance orders across borders.

3 ways to prove marriage desertion in France:

• a police or gendarmerie report: please note that the report must be combined with other proves.
• Statements: If there are witnesses who can testify to the spouse’s absence or the breakdown of the marriage, their statements may be valuable. Follow this link to find witnesses statements: https://www.service-public.fr/simulateur/calcul/11527.
• Throughout a bailiff report: a bailiff report is legally binding and can be compared to a Court decision.

It depends!

If you brutally left the marital home without any raisons, the court may take desertion into account when deciding on property division or attribution.

Yes!

You have to pay the rent unless there is domestic abuse or physical and psychological pressures from your partner.

Yes!

You will have to send a recorded letter to the landlord or the tenancy agency.

Yes!

You have to pay for the loan even if you left the marital home. The court can petition your partner to pay an occupation rent.

However, you will have to request it to the Court. Same way, the court can petition the deserter to monthly pay the loan.

No!

A marital home is considered as marital property so you can’t sell it without your partner’s agreement.

In France married couples are not taxed independently of each other so divorce has an impact on your income tax position.

United Kingdom (UK):

• Grounds for Divorce: Desertion can be considered as a ground for divorce in the UK, allowing the deserted spouse to file for divorce based on the other spouse’s abandonment.
• Financial Settlements: In divorce proceedings, the court may consider the circumstances of the desertion when determining financial settlements, including the division of assets, spousal maintenance, and child support.
• Child Custody: Desertion may also be a factor in child custody decisions, with the court considering the abandoning spouse’s commitment to the family.
• Property Rights: The deserted spouse may have rights to the marital property, and the court may take desertion into account when deciding on property division.

United States (US):

• Grounds for Divorce: In many states, the legal system has shifted toward “no-fault” divorce, meaning that a spouse doesn’t have to prove the desertion to obtain a divorce. However, the circumstances surrounding desertion may still be considered in divorce proceedings.
• Assets division: Desertion may be a factor when the court is deciding how to divide marital property and assets. It could impact the court’s judgment on issues such as maintenance and property division.
• Child Custody and maintenance: Desertion may influence child custody decisions and the determination of child maintenance obligations.
• Spousal maintenance: The circumstances of desertion can be considered when determining whether spousal maintenance should be awarded and in what amount.