Unpaid child maintenance: civil enforcement or criminal complaint

The maintenance amount fixed by a judgment or approved agreement must be paid while the resolution remains in force. A reduction in income does not authorize unilateral non-payment: if appropriate, a modification of measures should be requested.

Civil enforcement claim

Enforcement allows for the recovery of overdue payments, interest and updates, as well as the request for seizure orders. It is important to prepare a clear table of payments, arrears, IPC adjustments, and extraordinary expenses, distinguishing each concept.

When criminal liability may exist

The Penal Code article 227 contemplates non-payment of an established economic provision for two consecutive months or four not consecutive. The conviction is not automatic: the knowledge of the obligation, real capacity to pay, and willful breach must be analyzed.

Evidence for both procedures

Judicial resolution, bank statement, communications, work life, and economic documentation allow reconstruction of what happened. In a criminal procedure, civil liability can also be claimed, but the strategy should be coordinated to avoid duplications.

What to do if you cannot pay

The person obliged must document the economic change and request modification as soon as possible. Until it is approved, the debt may continue to accrue. Partial payments must be correctly identified and preserved.

Our service for maintenance arrears studies civil enforcement, potential criminal proceedings, and effective recovery of amounts due.

Sources: article 227 of the Penal Code and Civil Procedure Law.

This content is informational and does not replace tailored legal advice.