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«Статус Конвенции о взыскании за границей алиментов (Нью-Йорк, 20 июня 1956 года)» [рус., англ.] (по состоянию на 19.05.2009)





rvance. The respondent may authorize deduction from his salary of the agreed amounts.
When conciliation has produced agreement on the maintenance figure, method of payment, timing of the payments and relevant guarantee, a record will be prepared for signature by the presiding official and the parties. The official will then approve it by means of a writ and the conciliation will thus become enforceable; in other words, in case of non-compliance by the respondent, maintenance enforcement proceedings will be initiated.
If the person summoned does not appear, after being summoned twice and after the reason for the summons has been given, or if the conciliation fails, the official may establish a provisional maintenance figure and the writ establishing it will be enforceable. The official must submit the claim for maintenance to the competent judge in order for the figure provisionally established to be confirmed by the judge.
Maintenance conciliations may vary depending on the circumstances of the person obligated to pay maintenance and the needs of the person receiving the financial support. In addition, the judicial decision awarding maintenance may be reviewed in order to revise the maintenance figure, when the respondent is the father of another minor or other minors.
The conciliation record must contain the following information:
Place, date and time of the conciliation hearing;
Name of the Conciliator;
Name of the persons summoned to the conciliation and indication of who attended the proceedings;
Brief account of the claims that are the subject of the conciliation;
Agreement reached by the parties during the proceedings.
Each of the parties participating in the conciliation must receive a copy of the record.
Claims for maintenance for minors
Claims for maintenance for minors are dealt with in the manner established in Decree No. 2737 of 1989 (Minors' Code); as specified in Decree No. 2272 of 1989, the decision is not subject to appeal.
Claims for maintenance must contain the name of the parties, their address for notification purposes (place of residence, domicile, whereabouts or place of work), the amount of maintenance claimed, the justification for the claimand the evidence adduced and must be accompanied by any documents in the possession of the claimant. Claims may be submitted orally or in writing. If any document is missing that the claimant is unable to attach, the judge may, at the request of a party or ex officio, order the relevant authority to issue the document.
If he deems it necessary, the judge may order attachment of the respondent's salary (in an amount that he considers appropriate) in the writ authorizing submission of the claim (in order to guarantee fulfilment of the maintenance obligation), for which purpose he shall communicate officially with the respondent's employer. He may also order retention of an amount that he considers appropriate from the respondent's severance pay, in order to guarantee the minor's maintenance in the event that the respondent resigns or is laid off from his employment.
Evidence
Any judicial decision must be based on the evidence duly and regularly produced in the proceedings. Article 174 of the Code of Civil Procedure.
Means of proof. The means of proof are statements by the parties, responses under oath, testimony of third parties, expert opinions, physical examination of exhibits, documents, circumstantial evidence and any other means that may help the judge to form an opinion. Article 175 of the Code of Civil Procedure.
Evidence located abroad
When the civil proceedings require formalities on foreign territory, the judge may, depending on the nature and urgency of the matter:
1. Send letters rogatory, through the Ministry of Foreign Affairs, to one



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