There are currently fast legal mechanisms to claim alimony. These are 7 FAQs which will be extremely useful to you.
How can I claim alimony?
Once alimony has already been recognised in final decree, it is necessary to claim it with an attorney and a legal secretary. If a decree has not been issued yet, you will need to petition it to the court.
This petition to court is aimed at enforcing payment by the payer. The judge will formally require payment; and in case of failure to comply with it, all the payer’s assets will be seized to cover the sums due.
When can I claim alimony?
Alimony may be claimed since the first payment default, not being necessary to accumulate unpaid months or a minimum amount.
How much can I claim?
The full amount owed from the start date of alimony obligation. Only amount dating back five years or more may no longer be claimed.
It is important to note that this swift judicial procedure also includes additional expenses set out in court decisions.
After five years, do I lose the right to claim alimony?
No, you don´t. The right to claim alimony expires only for alimony which should have been paid more than five years ago. For example, if alimony for the last 6 years and 2 months were due, you only lose the right to claim alimony for that one year and two months, but you may claim it for the remaining 5 years.
What happens if alimony is not paid in full?
You may require it as specified above. The payee may claim it whether it were not paid in full or in part.
What happens if the payer declares themselves bankrupt?
Nowadays it is very complicate to hide assets or rights before Courts. If the payer has payrolls, income, wages, bank accounts, bonds, real estate, or any assets of any type, pensions, unemployment benefits, legacy, or any other assets or rights, the court shall order to seize all of it.