When is non-payment of family maintenance allowance a criminal offense in Spain?

20 Nov When is non-payment of family maintenance allowance a criminal offense in Spain?

Elements of the offense of non-payment of family maintenance allowance

The distinctive elements determining the existence of the criminal offense of non-payment of family maintenance allowance are as set out below:

1) The existence of a court judgment or agreement approved judicially that established any kind of economic benefit in charge of a spouse and in favor of the other spouse or the children.

(2) Failure to comply with the economic benefit during the legally established deadlines, either two successive months or four non-consecutive months.

(3) The possibility of those who are imposed to pay the economic benefit to comply the same and

4) The payer knows the judicial resolution imposing the obligation but has a will of omission, and does not want to comply with it, but could do it.

Allowance means everything indispensable for sustenance, room, clothing and medical care. Allowance also includes education and instruction to whom is to receive the maintenance allowance while he/she is minor and even then when their training is not finished due to reasons that are not attributable to him/her.