Non-payment as a Crime of Family Abandonment

Failing to pay the child support established in a divorce or custody ruling is not merely a civil breach; it is classified under the Criminal Code as a crime of family abandonment. The law is very clear in this regard and punishes those who fail to pay for two consecutive months or four non-consecutive months, recognising this behaviour as a form of economic violence that leaves the most vulnerable members of the family unit unprotected. We analyse your situation to determine whether the legal requirements for filing a criminal complaint are met, or to defend you against such a claim, which seeks not only the recovery of the debt but also the imposition of prison or fine penalties on the offender.

We understand that deciding to report an ex-partner or your children's parent is an emotionally complex and painful decision. Therefore, we offer comprehensive advice that first evaluates all options for extrajudicial negotiation before going to court. However, when the intent to not pay is repeated and jeopardises the maintenance of minors, we act with the utmost legal rigour to demonstrate to the judge that the non-compliance is not due to a lack of financial resources, but a deliberate intention to evade parental responsibilities.

Debt Recovery and Enforcement of Judgment

Beyond criminal liability, our primary goal is for you to recover the money you are entitled to ensure the support of your children. We simultaneously initiate the enforcement of judgment procedures in the civil route to request the immediate garnishing of wages, bank accounts, tax refunds, or any other asset of the debtor. We meticulously calculate the principal of the debt plus the accrued legal interest and legal costs, ensuring that the claim covers the total economic loss you have suffered during the months of non-payment.

Conversely, if you have been wrongfully accused of non-payment due to a drastic change in your economic situation that prevents you from meeting the payments, we undertake your technical defence to demonstrate your genuine inability to pay. In these situations, it is vital to show that there is no intent nor intention to abandon the family, but rather a material impossibility that has arisen, and we work to request a modification of measures that adjusts the support to your new financial reality, thus avoiding an unjust criminal conviction and a record that could harm your future employment prospects.