dit or banking institutions may be asked to report on the respondent's balances and on credit card usage. Oral evidence may also be sought, in which persons are asked about the respondent's income.
Maintenance is due at the time of the first claim and must be paid monthly in advance, during the first five days of the month in question. Article 421 of the Civil Code, in conformity with the second paragraph of article 498 of the Code of Civil Procedure, Decree No. 2282 of 1989.
The maintenance order may specify:
An amount to be deducted from the respondent's pay or salary, which may not exceed 50 per cent of his monthly income. Establishment of a fund, the income from which will be used to make the established maintenance payments.
A specific sum of money, depending on the respondent's demonstrated ability to pay.
Maintenance payments will increase annually, either in order to reflect cost-of-living increases or as agreed between the parties during the conciliation.
Maintenance enforcement proceedings
In the event of non-compliance with the maintenance obligation agreed during the conciliation or decreed by decision of the judge, the family judge concerned may initiate maintenance enforcement proceedings, with the legal consequences, if necessary, of attachment and auction of property.
Complaints of failure to provide maintenance
"Any person who without good reason fails to provide maintenance legally due to his relatives in the ascending line, descendants, adopter or adoptee, or spouse shall be liable to imprisonment for a term ranging from one (1) to three (3) years and a fine ranging from ten (10) to twenty (20) times the monthly legal minimum wage in force."
"The penalty shall be imprisonment ranging from two (2) to four (4) years and a fine ranging from fifteen (15) to twenty-five (25) times the monthly legal minimum wage in force if the failure to provide maintenance concerns a minor under fourteen (14) years of age." Article 233 of the Penal Code.
"Aggravating circumstances. The penalty specified in the preceding article shall be increased by up to one third if the respondent has fraudulently concealed, reduced or encumbered his income or assets in order to avoid paying maintenance." Article 234 of the Penal Code.
"Repetition. Enforcement of the sentence shall not preclude the initiation of further proceedings if the person concerned again fails to make maintenance payments." Article 235 of the Penal Code.
Republic of Moldova
7 November 2007
In its capacity as Receiving Agency, the Ministry of Justice shall limit the performance of its duties to receiving documents from foreign claimants and, where appropriate, communicating replies. It will also have the right, pursuant to article 3, paragraph 3, of the aforementioned Convention, to appoint the national authority authorized to act on behalf of the claimant.
Pursuant to article 3, paragraph 2, of the aforementioned Convention, the evidence required for the proof of maintenance claims is as follows:
- the power of attorney granted to the Receiving Agency of the country in which the respondent is domiciled;
- a certified copy of the marriage or divorce certificate, as appropriate;
- a certified copy of the child's birth certificate.
For claimants over the age of 18 who do not have a regular income, the following is also required:
- a statement of monthly income and a certificate concerning the increase in maintenance;
- any other documents attesting to the claimant's delicate financial situation (school certificates, medical certificates in the case of disabled persons, etc.);
- the bank account of the claimant into which the respondent may transfer maintenance payments from abroad;
- photographs,
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