Cessation of maintenance advances confirmed after debtor left abroad

ATA/617/1995Court of Justice / Administrative ChamberNov 7, 1995Confirmed

Extracted by Omnilex

Omnilex summary

The authority’s decision to stop maintenance advances was upheld because the debtor had left for a foreign country without providing an address, making continued payment impossible under the applicable advance-payment rule.

Omnilex headnote

LARPA art. 8a; maintenance advances may be terminated where the debtor has left the country and is no longer reachable at a valid address. The authority is not required to continue advances in the absence of a contactable address, since the statutory purpose of interim support presupposes enforceable and administrable recovery conditions (consid. unspecified).

Full text

Descripteurs

OBLIGATION D'ENTRETIEN; AVANCE(EN GENERAL); FIN; ETAT ETRANGER; IP

Normes

LARPA.8 A

Résumé

Cessation des avances confirmée : débiteur parti à l'étranger sans laisser d'adresse.

Keywords

maintenance advancescessationforeign residenceunknown addressdebtorfamily support

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the cessation of maintenance advance payments was lawful when the debtor had moved abroad without leaving an address.

Extracted holding

The cessation was lawful and is confirmed.

Extracted reasoning

Under the applicable advance-payment rules, the authority may stop advances when the debtor has left the country and can no longer be reached at a valid address.

Cessation of maintenance advances confirmed after debtor left abroadAI generated