Alimony: What Is The Sum Usually Established And When Do You Have To Pay It?

One of the major conflicts after the breakup of the couple is the maintenance. Who sets the amount, how do they review the amount? What is there to be done if the spouse does not pay? In theory, these questions are answered, but the everyday reality often shows otherwise. The law says that the alimony is meant to sustain all that is indispensable for everything that life is based on, i.e. food, and shelter, clothing and medical care.

Legislation

In addition, this alimony also includes the education of children or adults who have not completed their training. The same legislation ensures that the spouses are obliged to pay maintenance for their children.

The obligation to meet this financial allocation is imposed by the decree of nullity, separation or divorce that is given in court. It establishes the person who is required to pay the pension, the amount and the basis for updating (usually, this is the Consumer Price Index), the period and form of payment.

How much is there to pay?

The amount of the alimony depends on the income of the person who is required to pay and the needs of the beneficiary.

In some European countries, the judge sets a fixed amount of money to represent the alimony to be paid every month, but this is not the case in all of them. The modification of the pension is made through the appropriate judicial procedure and it is not effective until the final sentence.

This includes, for example, that the spouse who has custody of the children cannot alter the amount on their own based on the fact that their income has experienced a reduction. They are required to apply for court.

How long do you have to pay it?

The obligation ceases when:

• The person paying the pension dies.
• Their resources are reduced to the point of endangering their own livelihood and that of their new family.
• The person receiving the alimony has a better profession or trade or economic situation and they no longer need the pension to survive.

If there is a breach in behavior or denial to apply for a job or other such misconduct, the parent who is supposed to receive the alimony can be deprived of this right. At first, the alimony for the children should be satisfying until they reach the age of eighteen. Now, if they are 18 years old and they continue studying or have no means of subsistence, their own children may be required to continue that assignment until they can survive on their own. In these cases, the claim must be made directly to the child and not to the parent who lives with them.

What happens if my ex husband does not want to pay?

The embargo

Failure leads to the initiation of enforcement proceedings against the property of the person who is obligated to pay.

Crime of family abandonment

Similarly, there can be criminal responsibility. If the parent who is supposed to pay alimony does not pay for 2 consecutive months or for 4 non-consecutive months, this is constituted in the crime of family abandonment, punishable by arrest from 8 to 20 weekends.

Go to a lawyer

When this is the case, you must go to a law firm as soon as possible. You must not lose time because there are many cases in which the situation is delayed interminably even with the law in your hand.