Procedures for Registering Persons to whom Child Support has been Disbursed from the Maintenance Guarantee Fund, and Debtors

Issued pursuant to
Section 4, Paragraph one, Clause 3, Section 5, Paragraph one, Clause 4 of
the Maintenance Guarantee Fund Law and
Section 65.³, Clause 2 of
the Protection of the Rights of the Child Law

1. This Regulation prescribes the procedures for registering persons to whom child support has been disbursed from the Maintenance Guarantee Fund (hereinafter - the Fund), and debtors, as well as the procedures for issuing information regarding the abovementioned persons, and the extent of such information.

2. Persons, to whom child support has been disbursed from the Fund, and debtors shall be registered in the Register of Submitters and Debtors of the Maintenance Guarantee Fund (hereinafter - the Register).

3. The Register shall be the State information system. The manager of the Register is the Maintenance Guarantee Fund Administration (hereinafter - the Fund Administration).

4. The following information shall be included in the Register:

4.1. the given name, surname, personal identity number and declared place of residence of the submitter;

4.2. the given name, surname and personal identity number of the child of the submitter (for whom child support has been requested);

4.3. the date of submitting the submission;

4.4. the date when a decision to disburse the child support, to refuse to disburse the child support, to terminate the disbursement of the child support has been taken, the number of the decision and the amount of the child support to be disbursed for each child;

4.5. the given name, surname, personal identity number and declared place of residence of the debtor;

4.6. information regarding the amount of the debt and the amount of the monies recovered from the debtor.

5. The information referred to in Sub-paragraphs 4.1 and 4.2 of this Regulation shall be included in the Register on the basis of the information indicated in the submission of the submitter regarding the disbursement of the child support.

6. The Register shall be in online mode with the Population Register which shall ensure the receipt of information necessary for Sub-paragraphs 4.1, 4.2 and 4.5 of this Regulation.

7. The Fund Administration, using the online mode with the Population Register, shall ensure updating of the information included in the Register.

8. The information included in the Register shall be placed in the Register Archives if the Fund Administration has taken a decision:

8.1. to terminate disbursement of the child support in accordance with Section 10, Paragraph one, Clause 3 of the Maintenance Guarantee Fund Law;

8.2. to terminate disbursement of the child support and, in accordance with Section 572.¹, Paragraph three of the Civil Procedure Law has certified that there are no claims against the debtor.

9. The information included in the Register shall be provided by the Fund Administration to the persons, who in accordance with laws and regulations have the right to receive them:

9.1. in person, if the relevant person presents a personal identification document;

9.2. sending by mail;

9.3. using the electronic data carrier;

9.4. using online data transmission;

9.5. using official electronic mail address of the institution;

9.6. using electronic services "provision of debt information" and "provision of information regarding the proceedings of examining the matter" available on the single State and local government service portal www.latvija.lv of electronic services;

9.7. electronically in accordance with the laws and regulations regarding handling of electronic documents;

9.8. using other electronic means available to the information provider and information requester (means of electronic communication, which are appropriate for processing (also digital compressing) and storage of the data received or sent in the electronic communications network, as well as data transmission in electronic communications networks), for example, using file transfer servers.

10. The following have the right to receive the information included in the Register:

10.1. natural persons - information regarding themselves;

10.2. State and local government institutions - information necessary for the performance of work or service functions;

10.3. sworn bailiffs - information which is necessary to recover the child support;

10.4. credit institutions, branches of credit institutions, capital companies providing credit and financial leasing services, insurance companies, providers of electronic communications services and credit reference agencies - information regarding the debtor, with whom they are establishing or amending contractual obligations.

11. The Fund Administration shall issue the information included in the Register on the basis of a written request or an agreement.

12. Using online mode of data transmission, the Fund Administration shall issue the information included in the Register on the basis of a written agreement between the Fund Administration and the requester of the information, in which the following shall be indicated:

12.1. the amount of the information to be issued, the purpose of the use thereof and the procedures according to which the Fund Administration examines the utilisation of the issued information, as well as the validity of the information request;

12.2. the given name, surname and personal identity number (for a legal person - the name and registration number in the Taxpayer Register) of the information requester;

12.3. the permanent Internet protocol address that unmistakably indicates the user's computer in the data transmission network;

12.4. the telephone number and electronic mail address of the responsible person, who is entitled to request the respective information.

13. If the information from the Register is issued on the basis of a written request, the following shall be indicated in the request:

13.1. the given name, surname and personal identity number (for a legal person - the name and registration number in the Taxpayer Register) of the information requester;

13.2. the declared place of residence (for a legal person - legal address);

13.3. the substantiation for the necessity to receive the information;

13.4. the purpose of the use of information;

13.5. the necessary amount of information and the mode of issuance.

14. The information requester shall certify the authenticity of the information indicated in the request by signature.

15. Cabinet Regulation No. 781 of 20 November 2007, Procedures regarding the Registration of Persons to whom Means of Support have been Disbursed from the Maintenance Guarantee Fund, and Debtors, as well as regarding the Issuance of Information about the Referred to Persons (Latvijas Vēstnesis, 2007, No. 188; 2013, No. 85), is repealed.

Prime Minister Laimdota Straujuma

Minister for Justice Dzintars Rasnačs

Translation © 2015 Valsts valodas centrs (State Language Centre)