Publication date: 06.06.2024
Non-payment of alimony: criminal liability and protection of rights
The issue of non-payment of alimony is quite acute for our society. According to the law, refusal to support a child who is in a difficult financial situation is a criminal offense. Let us consider in more detail the responsibility for such actions and ways of protection.
Criminal liability for non-payment of alimony is provided for in Article 164 of the Criminal Code of Ukraine. According to it, deliberate evasion of payment of funds for the maintenance of children or disabled parents is punishable by a fine of up to 50 tax-free minimum incomes of citizens or correctional labor for up to 1 year. In case of malicious evasion, restriction of freedom is provided for up to 3 years.
If you are facing criminal charges for failure to pay child support, it is important to retain an experienced criminal defense attorney. A specialist in the field of criminal law will be able to conduct a legal analysis of the circumstances of the case, evaluate the evidence and prepare a defense strategy.
The cost of a lawyer in a criminal case will vary depending on the region, the lawyer’s experience and the complexity of the case. However, hiring a qualified criminal lawyer can significantly reduce the risks of imprisonment, arrest or other serious consequences.
A criminal lawyer can help remove the seizure of accounts or property, achieve a change in the preventive measure, deny evidence provided by the prosecution, and also appeal the court verdict if it is unfair.
It should be noted that failure to pay alimony is a less serious crime compared to murder, theft, robbery, rape, etc. However, such an offense is punishable by up to imprisonment. That is why, in the event of criminal prosecution, the assistance of a criminal lawyer is extremely necessary.
A criminal defense lawyer may argue that there was no intent in a person’s actions, citing a difficult financial situation, loss of a job or illness. Also important circumstances may be instability of income, debt or difficult property situation. All this will be taken into account when sentencing.
In addition, a criminal defense lawyer can apply for a lesser sentence or relief from liability under certain conditions. For example, if a person has repaid arrears of alimony, sincerely repented and taken measures to find employment.
In general, the issue of non-payment of alimony needs to be carefully analyzed by a criminal lawyer. Only a specialist in the field of criminal law can correctly assess all the circumstances of the case and choose the optimal defense strategy. Seek help from lawyers with criminal practice to protect yourself from criminal liability or mitigate punishment in case of guilt.
