Chapter III: The direct payment procedure for maintenance payments

Any creditor of maintenance may have the amount of such maintenance paid directly to him by third parties who owe him sums of money that are due and payable to him. In particular, he may exercise this right in the hands of any debtor of sums due by way of remuneration, as well as any depositary of funds. An application for direct payment is admissible as soon as a maintenance…

Without further proceedings and in preference to all other creditors, the claim constitutes an assignment to the beneficiary of the sums in question as and when they become due. The third party is required to pay these sums directly to the beneficiary at the times set by the judgment.

Unless otherwise agreed, sums paid to the maintenance creditor are paid to his home or residence.

The direct payment procedure applies to maintenance payments due. It also applies to payments due for the last six months prior to notification of the request for direct payment. These sums are paid in equal instalments over a period of twelve months. By way of derogation from the second and third subparagraphs, when an organisation responsible for family benefits acts on behalf of a maintenance creditor, the direct payment procedure…

The request for direct payment is made through a bailiff. Where a public administration is subrogated to the rights of a maintenance creditor, it may itself make the application for direct payment and avail itself of the provisions of Articles L. 152-1 and L. 152-2. When an organisation that owes family benefits acts on behalf of a maintenance creditor, it may itself make the request for direct payment.

The conditions for the application of this chapter shall be laid down by decree in the Conseil d’Etat.