In case of non-payment of alimony of one parent the other parent can file an enforceable claim through a lawyer and solicitor requesting to comply with thr obligation and, if necessary, that sufficient assets be seized to cover the amount of unpaid alimony in addition to the costs of the process and the interest generated.
Similarly, and for more serious cases, Article 227 of the Criminal Code provides for the crime of non-payment of alimony. In order for a non-payment to be considered a crime, 2 consecutive months or 4 non-consecutive months must be unpaid. Despite the existence and regulation of this offence, we always recommend that civil proceedings should be preferred and criminal proceedings should be reserved for more serious cases in which there is a total abandonment of the defaulting parent’s obligations or the non-payments constitute economic violence.
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