Anonymised case study

Unpaid maintenance: doubt about the ability to pay

A documented situation to understand the criminal process.

Judgment of acquittal and firmness order examined

The situation

An indictment by non-payment of maintenance required an analysis of the periods claimed, the payments made and the financial capacity of the obliged person.

What the decision records

After reviewing financial records and other evidence, the court had doubts about the actual ability to pay during the alleged period and acquitted. Later payment was recorded but not treated as an automatic ground for acquittal. A subsequent order declared the acquittal final and closed the proceedings.

What this helps explain

Civil debt and criminal liability are different issues. The acquittal criminal does not in itself modify the obligation set out in the family resolution nor does it allow to stop paying unilaterally.