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Child maintenance, non-payment, consequences

There were numerous factors that can affect how much child maintenance you should pay or receive and we always advise that you contact us first to discuss your specific circumstances.

You should bear in mind that the child maintenance that is payable differs from country to country and it is quite possible that a claim can be lodged in the country in which the mother or the father or the child lives even if you do not live in the same country. If your family members live in different countries then maybe there is jurisdiction in more than one country.

Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody

family divorce lawyer Bulgaria

family divorce lawyer Bulgaria

Payment of child maintenance is the transfer of funds (money) from one person to another who needs them, and between them there is a family relationship.

The size of mountly payments – child maintenence has been declared and well described in the court desicion for divorce between the parents. Usually the childrens needs to be supprted in a case of divorce.

When someone is ordered to pay maintenance by an enforceable court decision but does not comply with that decision, ie he continues not to pay the maintenance of the person entitled to receive it, this may lead to unfavorable consequences.

One of these consequences is the possibility of an enforcement case being brought against him and the other being a criminal conviction, since the non-payment of maintenance for more than two months is a crime under the Penal Code.

When an enforcement case is instituted, the due date may be collected by compulsion by a state or private enforcement agent. If the debtor fails to pay after being invited to do so voluntarily, the judge may, at the request of the person entitled to maintenance (the claimant in the case), impose a distraint on his remuneration (the employer to withhold his money), the custody of the bank his bills (no money), a car or foreclosure on his real estate (prohibition to sell it), which may be in force until the lifting of the maintenance obligation, which may last for years.

In this case, the unpaid maintenance obligation is supplemented by the fees for initiating the enforcement case, fees for individual enforcement actions, and the amount of lawyer’s fees (the lawyer’s money has been filed and the case has been filed with the bailiff ).

The end result in this case is significantly increasing the cost of the debtor (neplatiliya maintenance ), which may go beyond sheer size of unpaid maintenance.

The non-payment of maintenance may also be due to an objective impossibility on the part of the debtor (illness, lack of work and means) and not to his unwillingness to pay such.

Child maintenance, non-payment, consequences

Where such an impossibility is established in the enforcement case, the payment is made by the State which is a substitute for the person who has been ordered to pay the maintenance, but fails to fulfill that obligation.

Whether or not an enforcement action has been initiated, a pre-trial proceeding may be initiated at the request of the entitled person or his legal representative for a criminal offense of a general nature and an indictment of a prosecutor may be brought before a court for a crime under Art. 183 para. 1 of the Penal Code – non-payment of maintenance for two or more monthly installments.

The punishment that the law provides is imprisonment of up to one year or probation . It is common practice for the accused to be sentenced to imprisonment, with the court postponing the execution of the sentence ( conditional conviction).

A conditional conviction, although not often regarded as a “real” punishment, is actually quite a serious consequence of the criminal liability and can have extremely severe consequences for the convict.

*We advice you to brought the child maintenance cases with our family lawyers, just to get a full protection of your and of the children’s interests.

Bulgarian Property Lawyer

Sell your property in Bulgaria

Selling your property in Bulgaria is not very easy, even if you have already find a buyer. That’s why you are in need of assistance. Look for a Bulgarian property lawyer!

If you have already bought a property in Bulgaria, you need to check up if this property had been registered in all the necessary authorities. And in the Municipality Office, too. Our law firm works as a professional Bulgarian property lawyer, as well. We support many foreigners who want to sell your real estate property in Bulgaria. Usually, if you have a good property, is quite easy to find buyers in Bulgaria. As property lawyers in Bulgaria, we could help you finding a buyer and getting a good price for you. It is very important to follow the legal advices of a property lawyer so that you will save money and precious time. Our experienced Bulgarian property lawyers will help you with the documents for the selling.

 

First Steps

Bulgarian property lawyer

Bulgarian property lawyer

Before you sell your property in Bulgaria, you should have all the documents necessary,as well as declarations needed for a sale – prepared in advance. We assume you will need  qualified property lawyers. This means, you need us.

Our property lawyers in Bulgaria are ready to assist you and protect your interests in selling your property in Bulgaria. You need just to call us or to send us an email. Then we will be ready to start the legal procedure.

Before starting every single deal, your lawyer is obliged to check for potential legal problems. He/she has to prepare all the documents necessary for the transfer of the ownership over this property. And so we do! We always check if there isn’t any property charges over your property you are trying to sell. For example, encumbrances, mortgages or pledges over your property by the Tax Office or by a third party.

Usually, when our buyer signs the preliminary contract, he/she needs to leave a deposit as a percentage of the sale price of the property in Bulgaria. When we help you finding a buyer, we require a simple power of attorney to represent you by conclusion of the preliminary contract for the purchase of the property with the buyers in Bulgaria.

Our qualified property lawyers will prepare the draft of Preliminary contract and will negotiate with the buyer concerning the transfer fees of your property. After receiving the written confirmation for all necessary legal conditions, we sign the preliminary contract for purchase on your behalf. Then we send you a copy of it. We are obliged to find buyer/-s and sell your property correctly.

When all the Documents are ready…

When all of the documents and declarations are done, our lawyers start preparing the Notary Deed for transferring the ownership over your property. You can trust us – we are specialized in property sales of foreign clients in Bulgaria. Each Bulgarian property lawyer will help you with the documentation and legal proceedings. Especially – International Law Office D. Vladimirov & Partners.

The next legal step to sell your property is to sign the Title Deed for the sale of your property. We will help you by representing you at the Notary Public in Bulgaria.

The last step to complete your sale is visiting the Tax Office of your municipality and remove your name of the property from the Tax Register, to avoid any future legal problems with it. We, as property lawyers in Bulgaria will highly recommend you using our legal services to complete all this legal issues & steps.

The mentioned property legal proceedings are just for your information, if you are trying to sell a real estate property in Bulgaria  Every single case has got its legal specifics & questions. We strongly recommend you to use a property lawyer in Bulgaria for legal transactions, in order to save your time, money and worries. Call us now on  + 359 2 858-10-25.