What Happens If Alimony Is Not Paid for 1 Month?
Alimony payments are payments that must be made within the time and amount determined by a court decision. If a person does not pay alimony for 1 month, they may face various legal sanctions. In the event of non-payment of alimony, the creditor (person receiving alimony) can use their legal rights to ensure that the alimony debt is collected.
What to Do in Case of Non-Payment of Alimony
Initiating Enforcement Proceedings
The alimony creditor can initiate enforcement proceedings for the unpaid alimony.
The collection of the alimony ruled by the court decision is requested by applying to the enforcement office.
In this case, the bank accounts, salary or assets of the debtor may be seized.
Request for Preventive Imprisonment
The alimony creditor may request preventive imprisonment if the debtor does not pay alimony.
Preventive imprisonment is not a penalty, but a sanction applied to ensure that alimony is paid.
The debtor may be sentenced to imprisonment for a maximum of 3 months for each month that the debtor does not pay. However, if the debtor pays the alimony, the prison sentence ends immediately.
Interest Charged
If the alimony debt is not paid on time, legal interest is charged for each month of delay. The debtor may have to pay not only the alimony amount but also the interest arising from the delay.
Sanctions That the Debtor May Face in Case of Non-Payment of Alimony
Seizure Procedure:
The alimony creditor may seize the debtor’s salary or real estate.
A certain percentage of the debtor’s salary is seized (usually 1/4 of the salary).
Preventive Imprisonment:
A debtor who does not fulfill his payment obligation may be sentenced to up to 3 months of preventive imprisonment by court order.
This imprisonment is a coercive measure to ensure payment of the alimony debt and is not recorded on the criminal record.
Loss of Reputation:
Enforcement proceedings and imprisonment sanctions can have negative effects on the debtor’s reputation. It is especially possible that the employer will be aware of the situation due to the wage garnishment.
Does the Debtor Have the Right to Object?
If the debtor thinks that he/she is unable to pay the alimony amount, he/she can file a lawsuit to have the alimony:
Removed or
Reduced in amount.
The court may change the alimony obligation by evaluating the debtor’s economic situation. However, the alimony debt continues during this process and must be paid until the case is concluded.
If alimony is not paid for 1 month, the alimony creditor may initiate enforcement proceedings and request a coercive arrest.
Legal interest is charged on the alimony debt.
If the debtor has difficulty paying, he/she can file a lawsuit to have the alimony removed or reduced.
Legal remedies are always available to protect the rights of the alimony creditor. Therefore, it is recommended that people who cannot pay their alimony debt get legal counsel and explain their situation.
