Failure to Pay Alimony: When Does It Become a Crime?

Facing the non-payment of alimony is a frustrating and complex situation, generating not only financial difficulties but also a deep sense of injustice. Often, one thinks that the only recourse is a civil action to recover the sums owed, but it is crucial to know that, under certain circumstances, non-compliance constitutes a genuine crime. Italian law, in fact, provides criminal protection to safeguard the rights of children and the economically weaker spouse. Understanding the mechanisms of this protection is the first step to acting effectively. As a criminal lawyer in Milan, Avv. Marco Bianucci assists those in this delicate position, providing legal support aimed at asserting their rights.

The Crime of Violating Family Assistance Obligations

The relevant law is Article 570-bis of the Criminal Code. This article punishes anyone who evades the obligation to pay any type of alimony due in cases of dissolution, cessation of civil effects, or annulment of marriage, or arising from a provision concerning the custody of children born outside of marriage. The central element of the crime is not simply a delay in payment, but the intent to deprive beneficiaries of the means of subsistence. This means that the omission must be conscious and capable of depriving family members of the resources necessary for their primary needs, such as food, housing, medical expenses, and education.

It is important to distinguish between criminal and civil action. While civil action aims to obtain the forced payment of unpaid sums (e.g., through seizure), criminal proceedings are intended to punish the unlawful conduct of the obligated party. The two actions can proceed in parallel, and indeed, the initiation of criminal proceedings can often prove to be an effective tool to induce the non-compliant party to regularize their position, also to avoid a conviction.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a criminal lawyer in Milan with extensive experience in this matter, is strategic and personalized. The first step involves a thorough analysis of the case to verify the existence of all the necessary elements to proceed criminally. This includes examining the judge's order establishing the maintenance obligation, the precise quantification of the non-payment, and an assessment of the actual state of need of the beneficiaries.

Once the merit of the action is ascertained, the firm handles the drafting and filing of a detailed and well-reasoned criminal complaint with the competent authorities. The complaint is the document that initiates criminal proceedings and must be supported by concrete evidence, such as bank statements proving non-payment, communications with the ex-partner, and documentation attesting to the financial difficulties suffered. Legal assistance continues through every stage of the proceedings, with the aim of ensuring maximum protection for the client and their family, up to obtaining a conviction or resolving the dispute.

Frequently Asked Questions

When does the failure to pay alimony become a crime?

The failure to pay alimony becomes a crime under Article 570-bis of the Criminal Code when the omission is voluntary and deprives beneficiaries (spouse or children) of the means of subsistence. A simple delay is not sufficient; conduct that deprives family members of essential resources for living is necessary. The assessment is made by the judge on a case-by-case basis, considering the overall economic situation of the parties.

What are the risks if I don't pay alimony?

In addition to civil consequences, such as the seizure of salary, pension, or other assets, those who fail to pay alimony risk a criminal conviction. Article 570-bis of the Criminal Code provides for a penalty of imprisonment for up to one year or a fine from 103 to 1,032 euros. A criminal conviction also results in the registration of the crime in the judicial records.

How do I report my ex-spouse for failure to pay alimony?

To initiate criminal proceedings, it is necessary to file a criminal complaint. The complaint can be filed personally at a Carabinieri station, a police station, or directly with the Public Prosecutor's Office. However, it is strongly recommended to engage a lawyer to draft the complaint completely and technically correctly, attaching all the necessary supporting documentation to substantiate the accusation.

Can I withdraw the complaint if we reach an agreement?

Yes, the crime provided for by Article 570-bis of the Criminal Code is prosecutable upon complaint by the injured party. This means that the person who filed the complaint can decide to withdraw it at any time (remission of complaint). Often, the payment of all outstanding sums by the obligated party leads to the withdrawal of the complaint and, consequently, to the extinction of the crime.

Contact the Firm for an Assessment of Your Case

The violation of maintenance obligations is a serious matter with profound emotional and legal implications. Acting without expert guidance can compromise the outcome of your actions. If you are facing a situation of non-payment of alimony and wish to understand how an experienced criminal lawyer can assist you, contact the Bianucci Law Firm in Milan. Avv. Marco Bianucci will provide a clear and professional assessment of your situation, outlining the most effective legal strategies to protect your rights and those of your children.