Specializing in family law, lawyer Daniel Romano Hajaj explains that first of all, for a mother to ensure her child’s rights, it is essential that the pension is fixed in an agreement or court decision.
“And even with a court decision or agreement, the father, especially the unemployed and self-employed, may fail to comply with what is established”, explains the lawyer, “The default arises from the financial crisis that the father is going through, and at a given moment , he has to choose which bill/expense to pay and, most of the time, the pension is the first one he stops paying”.
Lawyer Daniel Romano Hajaj highlights that there are countless ways in which outstanding pension can and should be collected, provided for in the Law and reinforced by the understanding of the Courts, not limited to just the arrest of the father.
“As for imprisonment, it is essential to know that its term is 30 to 90 days, and there is no standard for time, the term being decided by the judge analyzing the specific case”, highlights lawyer Daniel Romano Hajaj. “In fact, there are parents who take vacations from their jobs to serve civil imprisonment, which is absurd.”
Although prison is one of the most effective means of receiving outstanding amounts, the mother, with the help of her lawyer, has a series of ways to receive the amount.
“First of all, it is important to highlight that the mother does not need to wait 3 months to collect the outstanding pension in court, but ends up opting for this period to give the father a last chance to settle the pending issue without the need to involve the Judiciary. for a delay of 5 or 10 days.”, emphasizes lawyer Daniel Romano Hajaj
And regarding the collection of outstanding pensions, lawyer Daniel Romano Hajaj clarifies that, in addition to imprisonment, the main ways to collect the pension are as follows:
- blocking of current accounts and financial investments, in the repeated mode (stubbornness), for 30 days, or until the full amount is blocked.
- seizure of properties, including those intended for the father's home;
- attachment of vehicles, including those used for exercise
- seizure of public debt securities, in any sphere;
- seizure of titles and securities quoted on the market, including cryptocurrencies
- seizure of shares in business companies;
- attachment of any asset that has market value, or rights to acquire it, such as a purchase and sale contract;
- attachment of inheritance rights, by inheritance to which the father will be entitled;
- salary garnishment, up to 50% of net remuneration.
“In the last case”, explains lawyer Daniel Romano Hajaj, “this type of attachment is viable when the father, who was unemployed or in the informal market, enters a public or private position with fixed income. Due to previous default, the law itself allows the restriction of up to 50% of your net income”.
In other words, if the pension was set at 15% of net income, the discount will be increased by 35%, up to a limit of 50%, emphasizes lawyer Daniel Romano H