Regulations Regarding Disbursement of Maintenance

Issued pursuant to
Section 13, Paragraph one of the
Maintenance Guarantee Fund Law

1. This Regulation prescribes a sample application for the disbursement of maintenance (hereinafter - the application) and the documents to be appended to the application, as well as the procedures by which the Maintenance Guarantee Fund Administration (hereinafter - the Fund Administration) shall examine the application.

2. The application (Annex) and the documents appended thereto may be submitted:

2.1. in accordance with the laws and regulations regarding the procedures by which a private individual submits an application to an institution;

2.2. to the single State and local government services portal www.latvija.lv by using the means of authentication available in the portal.

3. The following documents shall be appended to the application:

3.1. a true copy or a certified copy of the court ruling if a foreign court has decided on recovery of maintenance;

3.2. a document certifying authorisation if the applicant submits the application through an authorised person.

4. If the application has been submitted with regard to a child or the application has been submitted by a person of legal age in order to receive maintenance, the information necessary for examination of the application regarding parents of the relevant person shall be acquired by the Fund Administration from the Population Register.

5. The text of the Latvian court ruling necessary for examination of the application shall be acquired by the Fund Administration from the Judicial Informative System.

6. If a duty has been imposed on a debtor by a court ruling regarding recovery of maintenance or by a notarial deed providing for an agreement on periodical maintenance payments to settle maintenance to the applicant, the Fund Administration shall take a decision within 20 days after receipt of the application and the documents appended thereto.

7. If the applicant has not submitted all documents or a full text of the court ruling is not available in the Judicial Informative System, the Fund Administration may request the applicant or the relevant court to submit the necessary documents within 20 days. In such case the decision shall be taken within 20 days from the day of submitting all the necessary documents, but not later than within one month from the day of submitting the application.

8. If it is impossible to comply with the time period referred to in Paragraph 7 of this Regulation, the Fund Administration may extend the time period for issuing the administrative deed in accordance with the procedures laid down in the Administrative Procedure Law. In such case the decision shall be taken within 20 days from the day of submitting all the necessary documents, but not later than within four months from the day of submitting the application.

9. Cabinet Regulation No. 71 of 4 February 2014, Regulations Regarding Disbursement of Maintenance (Latvijas Vēstnesis, 2014, No. 37; 2015, No. 124), is repealed.

Prime Minister Māris Kučinskis

Acting for the Minister for Justice -
Minister for Environmental Protection
and Regional Development Kaspars Gerhards

Annex
Cabinet Regulation No. 185
28 March 2017

To the Maintenance Guarantee Fund Administration

Application for Disbursement of Maintenance

In accordance with the Maintenance Guarantee Fund Law, I request to disburse maintenance (mark as appropriate):
	for myself (to be completed by a person of legal age who continues to acquire basic education, secondary education, vocational education or specialised education in the Republic of Latvia)
	for the child (children) who is (are) in my actual care and has (have) a declared place of residence in the Republic of Latvia:

I ask to disburse maintenance from the Maintenance Guarantee Fund instead of the following parent (to be completed by a guardian of the child or the person of legal age who wants to receive the maintenance):
	father
	mother

A decision to disburse maintenance or refuse to disburse maintenance, please (mark as appropriate):
	issue to me in person at the Maintenance Guarantee Fund Administration
	send it by post to the following address
	send it to the following electronic mail address
	(the document will be sent using a secure electronic signature)

I confirm that I have not received maintenance from the parent until submitting the application to the Maintenance Guarantee Fund Administration, or I have received it in a partial amount.

I am informed that I have a duty to notify the Maintenance Guarantee Fund Administration regarding circumstances which affect my right to receive maintenance from the Maintenance Guarantee Fund, within three working days after setting in of such circumstances. Such circumstances are:

- the child (children) is (are) no longer in my actual care (except in cases when a person of legal age has submitted the application for disbursement of maintenance);

- I do not continue to acquire basic education, secondary education, vocational education or specialised education in the Republic of Latvia (if a person of legal age has submitted the application for disbursement of maintenance);

- I or my child (children) for whom I receive maintenance from the Maintenance Guarantee Fund no longer has (have) the declared place of residence in the Republic of Latvia;

- the debtor is paying maintenance;

- I have been granted a benefit or other financial aid for maintenance of the child (children) for whom I receive maintenance from the Maintenance Guarantee Fund, and it is similar, by nature, to maintenance to be disbursed from the Maintenance Guarantee Fund in the Republic of Latvia;

- I receive maintenance within the scope of administrative procedure and the debtor takes care of the child within the meaning of Section 177, Paragraph four and Section 178, Paragraph two of the Civil Law;

- the child (children) for whom I receive maintenance from the Maintenance Guarantee Fund has (have) entered into the marriage;

- the court ruling on the grounds of which I am disbursed maintenance from the Maintenance Guarantee Fund has ceased to be in effect;

- the notarial deed providing for an agreement on periodical maintenance payments for the child (children) on the grounds of which I am disbursed maintenance from the Maintenance Guarantee Fund has been terminated or amended;

- the person instead of whom I receive maintenance from the Maintenance Guarantee Fund is no longer the parent of the child (children);

- other circumstances not referred to herein have set in which affect my right to receive maintenance.

I am informed that maintenance is disbursed until the day when the time period for disbursement of maintenance elapses if this has already been known at the moment of granting the maintenance, or until the day when the circumstances have set in due to which disbursement of maintenance is to be terminated.

I am informed that disbursement of maintenance is commenced from the next calendar month after taking of the decision to disburse maintenance. Maintenance shall be paid for the previous month (except the case laid down in Section 14, Paragraph two of the Maintenance Guarantee Fund Law when maintenance is disbursed for the entire previous time period for which maintenance is calculated).

I am informed that I have a duty to repay the following to the Maintenance Guarantee Fund Administration:

- all sums of maintenance disbursed to me without justification which were disbursed after setting in of such circumstances that affect my right to receive maintenance;

- lawful interest for amounts of maintenance disbursed without justification;

- sums of maintenance disbursed to me if I have intentionally provided false information or have not notified of the circumstances within the set time period which affect my right to receive maintenance.

I am informed that the Maintenance Guarantee Fund Administration, in accordance with the procedures laid down in the Maintenance Guarantee Fund Law and the Administrative Procedure Law, has a duty to recover from me all amounts of maintenance disbursed from the Maintenance Guarantee Fund without justification which were disbursed after setting in of such circumstances that affect my right to receive maintenance, and the lawful interest for amounts disbursed without justification.

Appended:

Acting for the Minister for Justice -
Minister for Environmental Protection
and Regional Development Kaspars Gerhards

Translation © 2017 Valsts valodas centrs (State Language Centre)