What if they pay only partially or sporadically?

Partial or irregular payment does not automatically preclude a criminal investigation. The assessment focuses on whether there is a wilful withholding of the means of subsistence, the actual capacity to comply and a sustained pattern of conduct over time.

FAILURE TO MEET FAMILY MAINTENANCE OBLIGATIONS

Failure to Pay Maintenance: When It Can Be Investigated as a Criminal Offence (Law 13,944)

Q: Can someone be imprisoned for failing to pay maintenance?

Law 13,944 provides for imprisonment or a fine, depending on the case. In practice, the outcome depends on the facts, evidence, prior conduct and judicial decisions; alternative resolutions may be available depending on the stage of the proceedings.

Law 13,944 applies where someone wilfully fails to provide the means indispensable for subsistence.
In broad terms, the statute provides for imprisonment from one month to two years or a fine, depending on the case. The assessment always turns on the facts, evidence and context.

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Legal representation in Buenos Aires City (CABA) and the Province. Where Family Court proceedings are already under way, we work in a coordinated manner.

When Enforcement Alone Is Not Enough

There are cases where the defaulting party tries to “appear insolvent”: working informally, registering assets in third parties’ names, concealing income or maintaining a lifestyle that contradicts the claimed inability to pay.

In criminal law, the focus is not simply “having a debt”, but wilfully withholding the means of subsistence despite being able to provide them. That is why the central issue is usually actual capacity to pay and the evidence that proves it.

As private prosecutors, the objective is to move the file forward, propose evidence measures and sustain progress where the default is deliberate. Proceedings can end in different ways (prosecutorial criteria, alternative resolutions, trial, etc.). No particular outcome is guaranteed.

Fraudulent Insolvency (Law 13,944, s. 2 bis)

Where there are manoeuvres designed to frustrate compliance (for example, concealing or dissipating assets, simulating insolvency or transferring property), s. 2 bis may be applicable. Each case is assessed individually according to the available evidence.

What to Gather Before a Consultation

Family Court orders (interim or final maintenance order, formal demands, payment schedules).
Payment records (or evidence of non-payment): transfers, receipts, vouchers, account movements.
Evidence of lifestyle and capacity to pay: occupation, expenditure, vehicles, travel, social media, witnesses.
Respondent details: national ID / tax number, addresses, employers, bank accounts or digital wallets (if known).

How We Establish Capacity to Pay

In criminal proceedings, evidence tools often allow greater flexibility in reconstructing the true financial picture.

1) Social Media and External Indicators Posts, expenditure, travel, vehicles and lifestyle habits that contradict the claimed inability to pay. Evidence is preserved methodically.
2) Asset Reports and Financial Cross-Checks Reports, judicial requests and court-ordered measures to detect undisclosed activity, expenditure, assets or income.
3) Witnesses and Context People who can attest to actual employment activity, lifestyle or manoeuvres designed to evade compliance.

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Coordinating Criminal and Family Proceedings

The aim is not to replace Family Court proceedings, but to work in parallel with a coherent evidence plan.
A criminal complaint may be an effective tool for investigating deliberate default and encouraging compliance, always within the limits of the law.

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Frequently Asked Questions

Law 13.944 provides for imprisonment or a fine, depending on the case. In practice, the outcome depends on the facts, evidence, prior conduct and judicial decisions; alternative resolutions may be available depending on the stage of the proceedings.

Not always. Having a maintenance order in place (interim or final) generally helps to structure the evidence of default. In some circumstances, conduct may be criminally investigable even without a prior order, depending on the context and available evidence.

Partial or irregular payment does not automatically preclude a criminal investigation. The analysis focuses on whether there is a wilful withholding of the means of subsistence, the actual capacity to comply and a sustained pattern of conduct over time. Each case is assessed on the specific evidence.

Do Not Allow the Default to Become the Norm

Where non-payment is systematic, the key is to organise evidence and act with strategy. Contact us to assess whether your case may qualify for criminal proceedings under Law 13,944 and how to coordinate them with Family Court steps.

INITIATE CRIMINAL PROCEEDINGS FAMILY COURT (SPANISH)

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