It is an instrument considered the most suitable to ensure the fulfillment of a credit periodical a

We have already shown in a previous article the various tools available to the spouse if the one required to pay the 'alimony evades its obligations (for more read: "If the former does not pay maintenance: what to do?") . Among them is the 'direct payment order, mtv vma s which allows you to receive mtv vma s maintenance with an effect similar to that resulting from a foreclosure (third parties), despite having different characteristics.
It is an instrument considered the most suitable to ensure the fulfillment of a credit periodical as that resulting from the obligation to maintain, as it allows you to "bypass" the inertia obligor. It is available not only in cases of separation and divorce, but also in a number of cases where the family is less than the obligation to provide financial support to the family.
Parents are required to fulfill their obligations (maintenance, mtv vma s education, education and moral and material assistance [1]) towards their children in proportion to their respective substances, and according to their ability to professional work or home.
If parents, however, do not have sufficient means, it is for other ascendants in order of proximity (therefore primarily grandparents) the duty to provide parents with the necessary contribution to the fulfillment of obligations to the offspring. (For more details read: "If the former spouse mtv vma s does not pay the maintenance are required to do the grandparents?").
If, however, the obligor (parent or ascending to be) exempt from this duty, any interested person (so not only the other parent, but also another person who has the child in foster care, the adult child, institutions assistance and relatives) may ask the court to order that a portion of the income obligor, in proportion to the same, is paid directly by the debtor to another third parent or one who bears the costs necessary to the care of the offspring [ 2].
In this regard, as is the case for separation (vd. After sub. Point 3), although the law speaks of "a share", the magistrate may also have direct payment of 'full amount, if it does not exceed, but rather , fully realized the maintenance. mtv vma s
However, in the absence of a measure that has determined the extent of the maintenance, mtv vma s the court must first carry out an investigation, albeit summary, the amount of the check had to [4].
The decision of the Court constitutes an enforceable with the result that, in the event that the third one shirk this order, the creditor may promote enforcement proceedings against him.
There are, then, the situations in which the violent behavior of a spouse or a simple mtv vma s partner can compromise the 'physical mtv vma s or moral integrity of the partner or violate his personal freedom. In this case, the latter may apply to the court to adopt the so-called protection orders against abuse, to stop the violent conduct and get away from the family house of the joint.
If, as a result of protection orders, the cohabiting family be left without adequate means, the judge may order the periodic payment of a check in their favor, setting the terms and conditions of payment and prescribing, if appropriate, the amount is paid directly to the person entitled mtv vma s by the employer obligor, deducting it from the salary payable to the same [5].
Protection, therefore, is to offer equally legitimate family than to that fact, since it is based on the mere fact of family violence and ignores the fact that the obligor has defaulted already made: to the judge, in fact, simply the simple danger of this happening.
If, then, the effect of the separation, the court ruled in favor of one of the spouses the right to a maintenance [6], in the event of default obligor, the court may order - at the request of the beneficiary - the seizure of the property of the debtor spouse and ordered to third parties (eg, the employer), required to pay him even periodically sums of money, which one of them is paid direttamenteagli entitled [7].
In this regard, the Supreme Court [8] reiterated that - even if the law refers only to "a part" of the sums - in fact there are no limits to the extent [9]. In other words, the judge is entitled to have the direct payment mtv vma s of the entire amount due from the third when it covers the whole economic measure determined at the time of separation.
Referring then to the "third" submission to the procedure, the law applies to all persons required to pay periodically s