There’s a quite common query within the workplace: Is the non-payment of alimony a civil or felony matter?
Initially, we’ve to outline what a upkeep pension is: It’s the obligation imposed on an individual (typically partner and customarily male) to make sure the subsistence of an individual. In a marital separation, the duty is imposed on one partner (obligee) and in favor of the opposite partner and / or kids (obligee).
The upkeep pension contains every little thing vital for sustenance: meals, clothes, room, medical help and training. The quantity and type of fee is established in accordance with the regulatory settlement or is imposed by a choose. And we need to make clear that relating to the shape have to be strictly complied with, there isn’t a “compensation”. For instance, if I say: “with the fee to the kid for the bike, I deduct it from the alimony. The system doesn’t work like that, and though it appears unfair, there isn’t a compensation.
As soon as the pension is established, a overview could also be requested by each events, but it surely have to be paid “in a sacred approach”, even after the age of majority if the kids proceed to be educated on the College and so on … In truth, the idea of non-seizure doesn’t apply, for instance (You can not declare your self bancrupt).
Relating to the primary query we will reply roughly within the will of the debtor, that’s, “Not eager to pay” is just not the identical as “not with the ability to pay.”
Non-payment of the pension implies the beginning of process for the execution of property, that’s to say, civil. but when the non-compliance with the fee happens two months in a row or 4 months can result in felony penalties, the crime of household abandonment. And it carries felony penalties: imprisonment from three months to a yr or a tremendous from 6 to 24 months.