Alimony

Alimony right is due by the parent with whom the minor does not live, by the husband of bad faith, between brothers, descendants, brothers and ascendants.

This right is born when the maintenance right appears: in the case of the minor from birth, in the rest of the cases it is the moment when the person reaches the need. The person who does not pay may be obliged to pay the maintenance pension from the moment of the application for the judgment, never retroactively.

Imposition

The amount can be established by mutual agreement or by the court. The child’s right to a maintenance pension is indispensable. Parents cannot give up this right because it is a right of the child not theirs. You can set a lump sum, pay periodically or pay in kind. In practice, to avoid abuses, money is paid.

  The calculation is based on the net income of the debtor, up to 1/4 for 1 minor, 1/3 for 2 children and 1/2 for 3 or more children. When determining the amount, the needs of the minor and the financial situation and the needs of the debtor are taken into account.

  The payment is due for minors up to the age of 18 and up to 26 years if they follow a form of education. The revenues are verified by the court by sending the address to ITM and ANAF

Abandonment of family

This offense contains, among other things, the non-payment of the maintenance pension for a period of 3 consecutive months with bad faith. The defendant, if he has no income, cannot be penalized even if the maintenance pension has been established at the minimum wage in the economy. Another constituent element of the family abandonment offense is the dismissal or leave without help, if necessary, those who had to take care.

  If the defendant pays until the end of the criminal case it will not be sanctioned, and if he pays until the end of the investigation the cause will remain without object so the action will not be sent to the court.