May 16, 2021

The Supreme Court considers a form of ‘economic violence’ to stop paying alimony


Madrid

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The Supreme court has ruled against a man who stopped paying maintenance pensions to his family and sentenced to a sentence of six months and special disqualification for the right to passive suffrage during the time of the sentence, as well as a fine of 14 months with daily quota of 10 euros per day of sanction based on the subsidiary responsibility of the article 53 of the Penal Code in case of non-payment and article 227. Furthermore, the High Court has considered that the facts constitute “a kind of economic violence, given that the breach of this obligation leaves their own children in a state of need.

Specifically, the amount that the defendant would have failed to pay would amount to 34,639.04 euros and, for the judges, it supposes “the breach of an obligation that should not be required by law or by judicial resolution, but should be fulfilled by the conviction of the person obliged to meet the needs of their children.” The magistrates do not hesitate to speak of a «Moral and natural requirement of the parent obliged not to leave the needs of his own children unsupplied, and without ever putting his wishes and / or preferences before those of them.

The High Court has also warned against “Double victimization” on the children and the parent who has custody, “who must replace the obligor in breach of having to cover the maintenance that the obligor does not provide.” The judges even attribute to the accused the crime also of uplift of goods and they accuse him of “concealment and theft of property and assets” in order not to account for them. Specifically, the judges speak of «De-patrimonialization maneuvers of their assets.

In any case, in a first sentence of the Majorca Court it failed in a first sentence to a sentence of three years in prison for raising assets compared to a year and a half now, as well as reduced the sentence for non-payment of pensions from one year in prison to six months.

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