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Criminal Consequences of failing to pay Alimony

The breach of the alimony obligation can also constitutes a criminal offense, within the limits established by art. 570 Italian Criminal Code (c.p.) which punishes anyone who “escapes from the obligations of assistance concerning parental responsibility or the quality of a spouse”. A penalty of imprisonment of up to one year or a fine from EURO 103 up to EURO 1.032 is applicable to these cases.

These coercive measures are both applied to those who “cause the lack of means of subsistence for descendants of minor age, or incapable of work, the ascendants or the spouse, who is not legally separated due to his fault” (Article 570 c.p.).

In these cases, the Court verifies:

  • the effective capacity of the obligor to fulfill the judicially imposed obligation (for example, if the obliged spouse is temporarily unemployed);
  • if the omission has caused an effective diminution of the means of subsistence;
  • if the violation is intentional and not to the objective impossibility.

Please do not hesitate to contact us should you need more detailed information about Crminal consequeces related to Alimony.

You may also be interested in reading our article on “Civil Consequences of failing to pay Alimony

Italy