What is the legal mechanism for forcing the Husband to implement the court decree of paying for his spouse and children?
In fact the Family or criminal Lawyers in Egypt are facing a lot of Complaints from spouse or children that husband or father don’t want to pay for…
In fact the Family or criminal Lawyers in Egypt are facing a lot of Complaints from spouse or children that husband or father don’t want to pay for them money as a life expenses when he is able to pay, and they can go to court to get decree about that, but then if he is not working in stable job with stable salary, like in government or commercial companies, they cannot use the right of deduction at source, that is because there is no stable source.
For that the criminal legislator has created this special kind of rule to push that one who doesn’t want to get his responsibility according to the law even after court decree.
The legal conditions for this action:
- A self-executing judgement is ruled against the offender.
- The self-executing judgement has ruled for payment of an alimony.
- The alimony has to be for his spouse, relatives, or in-laws, or a charge for fostering, breast-feeding, or dwelling.
- But he refrains from payment, for a period of three months.
- And he has ability to pay.
- Another part is warning him to comply this payment.
The punishment:
This offender shall be punished with detention for a period not exceeding one year and a fine not exceeding five hundred Egyptian pounds or either penalty. An action shall not he brought versus him except upon a complaint from the concerned party. If, after a ruling is pronounced against him, another action is brought concerning the same crime, his penalty shall then be that of detention for a period not exceeding one year.
The rule says that” Any person against whom a self-executing judgement is ruled for payment of an alimony to his spouse, relatives, or in-laws, or a charge for fostering, breast-feeding, or dwelling, and he refrains from payment, despite his ability to pay, for a period of three months after warning him to comply, shall be punished with detention for a period not exceeding one year and a fine not exceeding five hundred Egyptian pounds or either penalty. An action shall not he brought versus him except upon a complaint from the concerned party. If, after a ruling is pronounced against him, another action is brought concerning the same crime, his penalty shall then be that of detention for a period not exceeding one year.
ِAlso because the law is caring about protection of the family, especially that these expenses can be available during the family relationship like it can be after the dissolution of this family relationship in some cases and in another cases like relative payment which depend one relation cannot be cancel. So in all cases, if the judgement debtor settles the total frozen amounts of his debt, or presents a warrantor to be accepted by the concerned party, the penalty shall not be executed.
