Protection of Maintenance Claims

Dealing with the non-payment of maintenance payments is a frustrating and complex situation, generating not only financial difficulties but also a profound sense of injustice. When an ex-spouse or a parent fails to meet their financial obligations, established by a judge during separation or divorce proceedings, the law provides effective tools to protect the rights of the creditor and, above all, the children. Foreclosure represents the primary method for the forced recovery of these sums. As an expert lawyer in family law in Milan, Avv. Marco Bianucci assists his clients in promptly and effectively initiating the enforcement procedures necessary to ensure compliance with agreements and judgments.

How Foreclosure Works for Unpaid Maintenance Payments

Foreclosure is an enforcement action that allows for the seizure of the debtor's assets to satisfy the claim. To proceed, it is essential to possess an enforceable title, meaning a document that officially ascertains the right to receive a specific sum. In family law cases, this title is usually represented by the homologated consensual separation agreement, the judicial separation judgment, or the divorce decree. The first step involves serving a formal notice of demand, a formal injunction to the debtor to pay their debt within ten days. If payment is not made, actual foreclosure proceedings can commence.

The Different Types of Foreclosure Actions Available

The law provides for different types of foreclosure, the choice of which depends on the debtor's financial situation. The most common and effective form for maintenance claims is garnishment of third-party assets. This procedure allows for the seizure of funds that a third party owes to the debtor. Typically, this involves the employer, who is obliged to pay a portion of the salary directly to the creditor, or the pension fund. Bank or postal current accounts can also be subject to seizure. Alternatively, if the debtor owns specific assets, movable property foreclosure (on objects, furniture, vehicles) or real estate foreclosure (on houses or land) can be pursued, although these procedures are generally longer and more complex.

The Bianucci Law Firm's Approach in Milan

Recovering maintenance claims requires not only legal expertise but also a clear strategy and prompt action. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses on a preliminary analysis of the debtor's financial situation to identify the fastest and most effective form of foreclosure. The firm handles all stages of the proceedings: from drafting and serving the notice of demand, to identifying attachable assets, up to managing the hearing for the assignment of funds. The goal is to transform a right established by a court order into a concrete economic resource for the client and their children, minimizing the time and uncertainties of the legal process.

Frequently Asked Questions

What can be seized if the ex-spouse does not pay maintenance?

For maintenance claims, the law offers enhanced protection. It is possible to seize salary, pension, bank accounts, rental income received, any credits owed by third parties, movable assets such as cars, and real estate. The choice of the most suitable procedure depends on a careful assessment of the debtor's assets.

What is the limit for garnishing salary for maintenance payments?

Unlike common debts, for maintenance claims such as maintenance payments, the garnishable portion of the salary is determined directly by the enforcement judge. The law allows for a portion greater than the traditional 'fifth' to be seized, taking into account the debtor's needs and the amount of the claim, often reaching up to one-third or half of the net salary.

How long does it take to initiate foreclosure for maintenance?

The timeline can vary depending on the complexity of the case and the workload of the competent court. However, once the notice of demand has been served, if the debtor does not pay within 10 days, foreclosure proceedings can be initiated immediately. Swift action, guided by an experienced lawyer, is crucial to expedite the recovery of owed sums.

Is non-payment of maintenance a criminal offense?

Yes, the failure to pay maintenance payments can constitute the crime of violating family support obligations, as provided for by Article 570-bis of the Criminal Code. In addition to civil foreclosure actions to recover the sums, it is therefore possible to file a criminal complaint to assert the criminal liability of the defaulting party.

Recovering Maintenance: Request a Case Assessment

If you are not receiving the maintenance payments you are entitled to, you do not have to face this situation alone. Acting promptly is crucial to protect your rights and ensure your family's financial stability. The Bianucci Law Firm in Milan offers targeted consultation to analyze your case and define the most effective strategy for recovering arrears. Contact Avv. Marco Bianucci for a professional assessment and to initiate the necessary actions to enforce your rights.