It may happen that it has been agreed upon by a final judgment or by an agreement between the parents approved by the court. the payment of alimony to minor or adult children who do not yet have economic capacity, due to being in a training period, or a compensatory pension in favor of their ex-spouse, and despite this, the person obliged to pay does not fulfill his obligation and does not pay said pension.
In these cases, you must take into account when the person obligated to pay the pension ceased to pay, since there are two different judicial avenues for compliance with said obligation, one civil and one criminal.
Failure to pay alimony can be a criminally prosecutable crime. when the pension is not paid for two consecutive months or four non-consecutive months, so in the event of such non-compliance, said crime can be reported to the Courts. Therefore, through criminal law, said non-compliance can constitute a crime and be brought to the attention of the court through a complaint, therefore, you must have correct legal advice on the procedure.
On the other hand, alimony can also be claimed in civil proceedings through a demand for execution of the resolution establishing the obligation to pay said alimony, for which the intervention of a lawyer and attorney will be necessary to advise and indicate. the way to proceed to file said claim.
In the event of breaches of the duty to pay a pension by the party obliged to pay, you may take different judicial actions; therefore, it will be necessary for you to have correct legal advice in order to study the most viable judicial mechanism. You must take into account that the The reasons alleged by the person liable to pay must be evaluated by the judge and therefore, you do not have to stop taking legal action given that you are exercising your right.
From our law firm in Murcia capital We offer you comprehensive advice on the issues and we will indicate the steps to follow to exercise either civil or criminal action, once all the concurrent circumstances have been assessed, so that the person obliged to pay said pension fulfills his obligation.
