Family law

What should you do if alimony is not paid?

Huquqchi legal team

If a court decision exists, take the writ of execution to the compulsory enforcement bureau. The debt comes first from the debtor's wages, then from money in accounts and from property. Unpaid alimony of more than two months in total brings administrative liability, and criminal liability after an administrative penalty.

First step

Apply to the compulsory enforcement bureau with the court decision and the writ of execution. Attach the information about the debtor's place of work, accounts and property.

Measures of the enforcement officer

Under article 139 of the Family Code, the alimony debt comes first from the wages and other income of the debtor. If these are not enough, the money in bank accounts is taken, then the other property of the debtor.

Calculation of the debt

Under article 140 of the Family Code, the state enforcement officer determines the amount of the debt. Ask for the calculation in writing and check it.

Liability

If alimony under a court decision stays unpaid for more than two months in total, liability follows under article 47⁴ of the Code on Administrative Liability. If the act is repeated after the administrative penalty, article 122 of the Criminal Code applies.

Legal sources

Legal basisFamily Code, article 139 Legal basisCode on Administrative Liability, article 47⁴ Legal basisCriminal Code, article 122

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.