Prescription of Child Support: How Does It Work?

Child support represents a fundamental obligation for the non-custodial parent. However, it is important to understand how the prescription of this obligation works and what to do to interrupt it.

What is the Prescription of Child Support?

Prescription is a legal institution that determines the extinction of a right due to the failure to exercise it within a specific period of time. In the case of child support, it applies to the amounts not paid by the obligated parent.

How is Prescription Calculated?

According to current regulations, the prescription for child support is five years. This period starts from the moment the support becomes due, that is, from the date the payment should have been made.

When Does Prescription Begin to Run?

The prescription begins to run the day after the date on which the support should have been paid. It is therefore essential to keep track of deadlines to avoid losing the right to claim the amounts owed.

How to Interrupt Prescription?

To interrupt the prescription, it is necessary to take legal or extrajudicial actions, such as:

  • Sending a written notice to the obligated parent.
  • Starting a civil lawsuit to recover the amounts owed.
  • Proceeding executively with injunctions and seizures.

Any action taken will restart the prescription period from the beginning.

"The right to child support is a priority and indisputable obligation."

Conclusion

Understanding the dynamics of the prescription of child support is crucial to ensuring the respect of minors' rights. If you need specific legal assistance on this matter, do not hesitate to contact the Bianucci Law Firm. Our team of experts is ready to offer you the necessary support to protect your rights and those of your children.

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