La difesa di un padre che non riesce a pagare il mantenimento

Visit my website: https://www.bartolinistudiolegale.com/ Failure to Pay Child Support: The Defense Let's dive into the issue briefly. When determining the amount of child support, the judge must take into account the actual financial means of the party obligated to pay. Therefore, unless intentionally so, the party should never find themselves unable to pay child support. However, life is unpredictable, and events that can undermine an apparent balance are always around the corner. Covid has been the most obvious example of this. Many have lost their jobs or, at best, have seen their income drastically reduced. But there can also be less serious events that can undermine financial stability. Unforeseen damage to a home, car, etc. can lead to unexpected expenses that impact the actual ability to pay the child support set by the judge. Having said this, let's be clear: Anyone who fails to pay child support can face criminal proceedings. The Defense In proceedings of this nature, defense is never simple, as the judge never favors one. Failure to pay child support, socially speaking, is seen as a reprehensible act, and therefore, since the judge is a man, he too cannot avoid certain personal judgments that should be left out of the proceedings. In short, the point is that defense in these types of proceedings is possible, but certainly delicate, especially if the failure to pay child support concerns the children. In fact, conversely, if the failure to pay child support concerns the wife, there is a better chance of escaping the proceedings because, in the absence of a true state of need on the part of the ex, it does not constitute a crime if due to the precarious economic conditions of the party liable. If such a state of need is lacking, the crime does not exist. The State of Need of the Obliged Spouse Anyone who fails to pay maintenance because they are in a state of indigence cannot be punished. As the Latins used to say: ad impossibilia nemo tenutur No one is obliged to do the impossible. If the person obligated to pay maintenance is in such a state of indigence that even partial payment is impossible, they will not be committing a crime. However, a clarification on this point is needed based on the many cases I have encountered. Financial impossibility must be proven and objective. Often, there are cases of individuals who claim to be unable to pay, but on hypothetical, not concrete, grounds. For example, it is common for someone to claim expenses they currently do not have but may have in the future: for example, rent or a mortgage. These alleged expenses are not real and cannot be relied upon. If the individual owned real estate, financial inability could not be justified because, for example, they lost their job, and could still sell the assets to meet their obligations. In short, if the default stems from the obligated party's desire not to pay, even if they provide justifications that remain valid, they will have no defense in the criminal proceedings. Otherwise, a concrete and effective defense can be prepared, a defense that must be carefully and promptly constructed. #Supreme Court Lawyer #FabrizioBartolini #SeparatedParents #Separation #Divorce #Maintenance #Assignment of Marital Home ========================================================== Subscribe to my channel here https://bit.ly/2KZe0JH Visit my website https://www.bartolinistudiolegale.com/ Follow me on Facebook   / fabrizio.bartolini3   Follow me on LinkedIn   / avv-fabrizio-bartolini-09a36423