National Registry of Alimony Debtors enters into force

by | Nov 21, 2022

On November 18th, the National Registry of Alimony Debtors (the “Registry”) came into force. It was created by Law 21,389, and with it, important measures imposed by the Law will become effective to ensure payment of food by obligors. 

Among others, the following restrictions will be imposed on alimony debtors when they want to buy or sell motor vehicles or real estate: 

a. Motorized vehicles or real estate may not be registered in the name of a child support debtor, unless on the date of subscription of the corresponding contract it is certified by a notary public that the buyer was not in the Registry at the time of sign the contract and that no more than five months have elapsed since that certification. 

b. On the seller’s side, if he has a current registration in the Registry as debtor of maintenance, the entity in charge of registering (Real Estate Registrar, in the case of real estate or the Service of Civil Registry and Identification, in the case of motorized vehicles) may only accept the application when the corresponding contract is recorded, by a notary public, that 50% of the money corresponding to the sale price, or a lower proportion if This is enough to solve the total debt, has been withheld and paid to the food company, or that guarantees have been granted to ensure payment. For these purposes, it will be understood that the delivery to the notary public of securities or documents representing payment and written instructions constitute sufficient guarantee to ensure the corresponding payment. The notary, once the order has been completed, must keep the text of the instruction left in his possession for at least one year. 

c. It must also be borne in mind that the Real Estate Registrar of the Civil Registry, before registering the property, must immediately notify the court with competence in competent family matters of the registration request, so that it can proceed according to its legal powers. 

In addition, Law 21,389 imposes on every financial services provider that enters into a money credit operation with a natural person for amounts equal to or greater than UF 50, the obligation to withhold the equivalent of 50% of the credit or a lower amount if it is It is enough to settle the total amount of alimony owed and pay said amount to the alimony by depositing the funds in the bank account registered in the Registry. At the same time, and in the event that the aforementioned credit is guaranteed with a mortgage, the Real Estate Registrar must be accredited that the person to whom the credit is assigned is not registered in the Registry as a maintenance debtor, or failing that, that the financial services provider has complied with the withholding and payment duties indicated in the previous paragraph. The Civil Registry has the same duty when it comes to the registration of a pledge without displacement. 

For more information on this link. 

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