Non-payments and execution
Repeated non-payment of maintenance and assessment of criminal proceedings
one criminal complaint for non-payment of pensions requires ordering something more than a final sum. The document examined differentiated unpaid monthly payments, partial payments, updates and certain expenses of the children. It also discussed whether the obligor had the means to comply.
The reported non-compliance
The complaint was based on a resolution that established maintenance and participation in extraordinary expenses. It was reported that some monthly payments had been paid incomplete and others had not been paid. In addition, differences in updating and certain health expenses were claimed.
The complainant explained that he had received a proposal to reduce his pension, which he did not accept. The useful information is to distinguish a request for a reduction from an effective modification of the obligation: a conversation about economic difficulties does not replace the current resolution.
What must be accredited
Article 227 of the Penal Code contemplates certain non-payments of benefits established judicially or in agreement judicially approved. To assess possible criminal liability, it is necessary to examine the periods of non-compliance, knowledge of the obligation and economic circumstances, without converting every debt into an automatic sentence.
In the case, signs of economic capacity were alleged and the sentence and invoices. Statements about living standards need contrast; Nor is it sufficient to allege unemployment to prove an inability to pay.
How to organize documentation
It is advisable to prepare a monthly table with the amount due, applicable update, income received and pending difference. Payments must be contrasted with bank transactions, including partial payments to avoid claiming amounts already paid.
Health expenses need a separate section with invoice, proof of payment, coverage and communication to the other parent. The civil route to claim debt and the possible criminal route require a coordinated strategy that avoids duplication. The first step is to review the title and test available; The complaint described does not in itself prove the result of the process.
matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.