Decision of the judge on the retention of the debtor's salary for the benefit of the child's legal representative

Facts

T. and Mrs. B. have been divorced since 1975. The divorce judgment placed on the father, T., a staggered maintenance contribution of 300 to 500 francs per child. Since August 1976, T. has ceased to pay these pensions. As of October 31, 1982, the arrears amounted to 79,534.20 francs. Mrs. B. assigned her claim to the Vaud State Maintenance Recovery and Advance Office. On October 27, 1982, the State of Vaud filed a request to have T.'s employer ordered to withhold the amount of the pensions due to the children from the debtor's salary and to pay it directly to the Recovery Office.

Considerations

1. The appellant T.'s dispute over the amount of the deduction to be imposed on his salary is not a civil dispute within the meaning of Arts. 44 and 46 FJA. Art. 291 CC provides for a privileged sui generis enforcement measure, which does not give rise to a civil dispute. Disputes relating solely to enforcement do not give rise to civil disputes within the meaning of Arts. 44 and 46 FJA.

2. The dispute relating to the application of Art. 291 CC cannot be classified as a civil matter within the meaning of Art. 68 FJA. The appeal does not raise the grievances provided for in paragraph 1, letters a and b, of this legal provision.

3. Although Art. 291 CC establishes a forced execution measure, it does not comply with the rules of the Federal Act on Debt Collection and Bankruptcy. In the absence of intervention by the Debt Collection Office, the supervisory…