The delay in the payment of maintenance | Fanpage
The Supreme Court of 02.07.2012 n. 25596 deals with the delay in the payment of maintenance in case of separation and divorce and says that is not always the breach of the obligation and the civil case provided as a criminal offense by art. 570 cp coincide, in fact, for the criminal offense is also required not to pay the voluntary golden globes best and worst dressed and the presence of the failure severe civil and excludes the criminal golden globes best and worst dressed offense in the presence of mere delay in the payment (so-called civil breach not serious)
The source of these obligations is to be found in Articles 155 cc (headed under the title "Provisions concerning golden globes best and worst dressed the sons") provides that in the event of separation of the parents the minor child has the right to maintain a balanced and continuous with each of they receive care, education and instruction by both and maintain meaningful golden globes best and worst dressed relationships with ancestors and relatives of each branch parenting. To achieve the goals indicated the judge who pronounces the separation of the spouses adopts measures relating to the offspring with exclusive reference to moral and material of it. Currency priority the possibility that minor children remain assigned to both parents, or determines to which of them the children are entrusted, determines the timing and manner of their presence at each parent, also staring at the measure and the way in which each of them must contribute to the maintenance, care, education and upbringing of children. "
And the art. 156 cc. (Headed by the title of "Effects of separation on property between spouses") which provides golden globes best and worst dressed that "the judge pronouncing the separation, establishes for the benefit of the spouse golden globes best and worst dressed which is not chargeable separating the right to receive the other spouse as is necessary for its maintenance, where he has not adjusted its income. The magnitude of this administration is determined in relation to the circumstances and income obligor. The obligation to provide food referred to in Articles 433 and following. golden globes best and worst dressed "
Legal practitioners who deal daily separations and divorces know how hard it is coming to a quantification of these maintenance obligations, moreover, the same operators are aware that most of the contentious golden globes best and worst dressed separations are due to the difficulty (sometimes objective, other sometimes subjective) to be able to come to such quantification, here, then, that when there is no agreement on the quantum of maintenance, the quantification should be left to the judge.
Even when it comes to the definition (amicable or contentious) of maintenance, the problems do not end, because during the course of people's lives (following the separation or divorce) may occur of events golden globes best and worst dressed that affect the economic capacity of the person obliged to pay. Sometimes the influence is positive (meaning that it increases the economic capacity of the obligor to pay) or sometimes (most) is negative because the economic potential may decrease.
Consider a situation where the party obliged to pay remarries from which children are born, in which case you can find in the embarrassing position of having to pay maintenance for the children of the first bed, but could not maintain, adequately, the children of the second bed. Or, just think of the classic case of total loss of the work of the party responsible for the maintenance.
In these situations it is necessary to understand how to act the person liable to pay to avoid n the offense under Article. 570 of the Criminal Code (which is headed by the title of "breach of the obligations of family care") golden globes best and worst dressed which provides that "Any person who, abandoning the domestic home, or at least preserving a disorderly conduct or morality of families, escapes the obligations of assistance related to parental authority, or as the spouse, shall be punished with imprisonment up to one year or a fine of EUR 103 to EUR 1,032. Those sentences will all apply to those who: 1) hollyhocks or squander the assets of a minor child or ward or spouse; 2) is lacking the means of subsistence to the descendants of a minor, or unable to work, the ascending or the spouse who is not legally separated for his guilt. The crime is punishable on complaint of the victim except as provided by the number 1, and when the offense is committed against children, the number 2 of the previous paragraph. The provisions of this Article shall not appl
The Supreme Court of 02.07.2012 n. 25596 deals with the delay in the payment of maintenance in case of separation and divorce and says that is not always the breach of the obligation and the civil case provided as a criminal offense by art. 570 cp coincide, in fact, for the criminal offense is also required not to pay the voluntary golden globes best and worst dressed and the presence of the failure severe civil and excludes the criminal golden globes best and worst dressed offense in the presence of mere delay in the payment (so-called civil breach not serious)
The source of these obligations is to be found in Articles 155 cc (headed under the title "Provisions concerning golden globes best and worst dressed the sons") provides that in the event of separation of the parents the minor child has the right to maintain a balanced and continuous with each of they receive care, education and instruction by both and maintain meaningful golden globes best and worst dressed relationships with ancestors and relatives of each branch parenting. To achieve the goals indicated the judge who pronounces the separation of the spouses adopts measures relating to the offspring with exclusive reference to moral and material of it. Currency priority the possibility that minor children remain assigned to both parents, or determines to which of them the children are entrusted, determines the timing and manner of their presence at each parent, also staring at the measure and the way in which each of them must contribute to the maintenance, care, education and upbringing of children. "
And the art. 156 cc. (Headed by the title of "Effects of separation on property between spouses") which provides golden globes best and worst dressed that "the judge pronouncing the separation, establishes for the benefit of the spouse golden globes best and worst dressed which is not chargeable separating the right to receive the other spouse as is necessary for its maintenance, where he has not adjusted its income. The magnitude of this administration is determined in relation to the circumstances and income obligor. The obligation to provide food referred to in Articles 433 and following. golden globes best and worst dressed "
Legal practitioners who deal daily separations and divorces know how hard it is coming to a quantification of these maintenance obligations, moreover, the same operators are aware that most of the contentious golden globes best and worst dressed separations are due to the difficulty (sometimes objective, other sometimes subjective) to be able to come to such quantification, here, then, that when there is no agreement on the quantum of maintenance, the quantification should be left to the judge.
Even when it comes to the definition (amicable or contentious) of maintenance, the problems do not end, because during the course of people's lives (following the separation or divorce) may occur of events golden globes best and worst dressed that affect the economic capacity of the person obliged to pay. Sometimes the influence is positive (meaning that it increases the economic capacity of the obligor to pay) or sometimes (most) is negative because the economic potential may decrease.
Consider a situation where the party obliged to pay remarries from which children are born, in which case you can find in the embarrassing position of having to pay maintenance for the children of the first bed, but could not maintain, adequately, the children of the second bed. Or, just think of the classic case of total loss of the work of the party responsible for the maintenance.
In these situations it is necessary to understand how to act the person liable to pay to avoid n the offense under Article. 570 of the Criminal Code (which is headed by the title of "breach of the obligations of family care") golden globes best and worst dressed which provides that "Any person who, abandoning the domestic home, or at least preserving a disorderly conduct or morality of families, escapes the obligations of assistance related to parental authority, or as the spouse, shall be punished with imprisonment up to one year or a fine of EUR 103 to EUR 1,032. Those sentences will all apply to those who: 1) hollyhocks or squander the assets of a minor child or ward or spouse; 2) is lacking the means of subsistence to the descendants of a minor, or unable to work, the ascending or the spouse who is not legally separated for his guilt. The crime is punishable on complaint of the victim except as provided by the number 1, and when the offense is committed against children, the number 2 of the previous paragraph. The provisions of this Article shall not appl
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