What Can Happen If You Do Not Pay Child Support

Consequences of not paying child support in Colombia: garnishment, criminal charges, sanctions. How to regularize.

Penalties: imprisonment and fines

The willful default of payment can constitute the crime of absence of food, as established in article 233 of the Penal Code. For there to be criminal liability must be met several elements, among them:

Willful misconduct: that Is to say, that the person to refuse to pay so
conscious and intentional share food.
The absence of just cause: In accordance with the case law, there is a just cause
when the bound shows that had no real ability to comply, in spite of
to act with diligence cases such as serious illness, unemployment
involuntary, temporary or permanent disability, among others that affect their
economic capacity.

Not to prove a just cause, is set up the crime, forcing the Prosecution to prove that the debtor could pay and he didn't. This can result in financial penalties and custodial ranging between 16 and 54 months in prison, along with fines of 13.33 to 30 times the minimum wage. In cases where the victim is a minor, the penalty increases up to 72 months in prison and 37.5 minimum wages. In other words, the debtor is exposed to lose his freedom if there is evidence of a breach persistent and unjustified.

Civil consequences: measures to ensure the payment

The objective of these measures is not to punish, but rather to ensure that the beneficiary receives the care he needs. Currently, only the judges of the family and the family advocates can set the quota of food. The centers of reconciliation does not set quotas, can only validate agreements reached between the parties.

The civil measures are more frequent include:

However, the salary or pension: Can be sorted by up to 50% of the same, respecting the legal limits of indefeasible.
Seizure of goods, and bank accounts: this affects real estate, vehicles, savings accounts or any property capable of auction to cover the debt.
Prohibition to leave the country: This precautionary measure may be imposed to ensure compliance especially when there is a risk of the debtor to evade the obligation.

If the economic situation of any of the parts are camia, you can request the amendment of the fee, either to increase it or decrease it, as long as the request is duly justified.

Administrative consequences and social: REDAM, mobility and procedures

In addition to the above, does not pay the fee of food results to be reported in the Registry of Debtors Food Delinquent (REDAM), which functions as a mechanism of legal pressure to force the debtor to comply. Be reported in the REDAM generates specific restrictions, including:

Impossibility of being appointed to public office, or to contract with the State.
Obstacles to celebrate certain private contracts.
Inability to renew or receive state subsidies that requires you to be debt-free food.
Warnings before a notary procedures and administrative.

Conclusion

The failure of the food share in Colombia has severe effects, which can range from criminal sanctions and fines to the imposition of embargoes, restrictions on migration and the entry in the REDAM. Do not pay affects the freedom, the heritage and the legal life of the debtor. Prevents criminal trials, and preserving your family stability and financial.

Do you need advice?

If you need to resolve a situation of non-compliance, and negotiate a fee, or take action regarding a complaint, please contact us. Our legal team will provide you with a clear sense of direction, close and tight to your case, and help you to take informed decisions and responsible.

Frequently asked questions

What is “just cause” to not pay for food?

It is a real impossibility, involuntary, and proven to comply with the quota, such as a serious illness, loss of income proven or inability to work.

What the commissioner of the family can set quota of food?

No, currently this ability corresponds to judges from family, and family advocates.

Do I report to Datacrédito if I do not pay?

No, the report is made in the REDAM, not in the central of risk bank.

I can't leave the country if I am reported?

It depends on the case. The judge may order the prohibition of leaving the country as a precautionary measure, but it is not automatic by the mere fact of being in the REDAM.

Can I renegotiate the fee?

Yes. You can request a new settlement or file a lawsuit modification to
judge or advocate of family.