My child’s parent doesn’t pay child alimony. What can I do?

"Family by Law" is a section of Caiado Guerreiro where the team leader of the Family and Succession Department, Stéfanie Luz, answers questions on the subject.
News 11/12/2023

The duty to pay child alimony is based on the Constitution, in Article 36(5), according to which “parents have the right and duty to bring up and maintain their children”.

If the court has already set the amount of maintenance, you can file a maintenance enforcement proceeding, where measures can be taken to force the payment, such as seizing the salary or assets of the non-compliant parent.

The law stipulates that anyone obliged to pay alimony who can do so and fails to fulfil the obligation within two months of the due date is punished with a fine of up to 120 days. Repeated offences are punishable by a fine of up to 120 days or a prison sentence of up to one year.

Talk to your lawyer for more questions on Family and Succession.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

Practice Areas

  • Family and Inheritance