Is not paying maintenance a criminal Offence?

Is not paying maintenance a criminal Offence?

When a claim for alimony is not appropriate

In 2008 it was the financial crisis, in 2020 the pandemic of the coronavirus, both of which led to an increase in this crime as many parents were unable (or used as an excuse) to pay the pensions of their minor children. At JR Abogados, we can certainly help you.

It is obvious that when a parent is denounced for not paying the alimony the counter argument is always the same, he/she has no income, is unemployed, etc.But the counter argument is easy to construct, “if you already knew that you could not pay the alimony for your children, why didn’t you ask the court to lower the alimony through a procedure of modification of measures? “That process would have prevented you from being denounced for non-payment of alimony. If you did not ask for it, you must pay the amount stipulated in the agreement or in a final court decision. Obviously, filing a lawsuit for modification of measures is not a guarantee that the non-compliant parent will not be convicted, but it is a very powerful argument for your criminal defense.

Breach of alimony in mexico 2020

Yes, here the conflict already starts to take shape and your expenses will start to increase, as you will need legal assistance and a procurator. In the civil procedure the payment will be required with its interests and if there is no reason to justify the non-payment the judge may take additional measures.

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If you continue to choose not to pay the alimony, the judge may order the seizure of your salary (except for the minimum wage, there are courts such as the one in Gijon that consider it attachable), income, bank accounts or any other asset or right.

There are those who resort to work in the black to avoid having to render accounts and to hide their income, in this case, be careful since, if they can demonstrate that you are in this situation, the judge, besides obliging you to pay the unpaid amounts plus their interests, could (already by the penal route) condemn you to the payment of a fine for a crime of abandonment of family.

As we have commented, the judge will be able to establish a fine of 6 to 24 months. But it is necessary to bear in mind that, if the fine is not paid, it becomes a prison sentence, corresponding to one day of imprisonment for every two unpaid installments.

Tricks to avoid paying alimony

Art. 227 of the Penal Code, (has not been modified with the reform of the Penal Code, in force as of July 1, 2015) establishes that whoever fails to pay for TWO consecutive MONTHS or FOUR non-consecutive MONTHS the alimony in favor of his children or also of his spouse, which has been established in judicially approved agreement or by judgment in the cases of marital separation, divorce, declaration of nullity of marriage, process of filiation, or process of alimony in favor of his children, will be criminally punished.

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Claim for non-payment of child support

I have been reported for non-payment of child support. Does this statement ring a bell? Often clients come to our office who are unaware of the importance of not paying the child support established in the sentence. Failure to pay the monthly amount of child support can be punishable by imprisonment.

If you are obliged to pay monthly child support to your children. You must know that for this to be possible it must be stipulated in a final judgment, if it is a contentious divorce, or in a regulatory agreement, if it has been by mutual agreement.

In addition to the established penalties, if your ex-partner denounces you and you are condemned, you will have to face all the unpaid arrears. That, in the case that you make them or justify them before the trial, the sentence could be attenuated.

Yes, you can also be condemned if you pay only a part of the alimony for a long period of time, which makes the non-payment relevant or if there is a certain intention of not wanting to pay the alimony in its totality.

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