What is the procedure if a divorced person refuses to pay alimony?

Legal advice

a question

A question came from a reader in which she said:
My ex-husband evades paying the prescribed expenses, and a judicial decision was issued in my favor to withhold his end-of-service gratuity, after he submitted his resignation. I contacted his employer, but they told me that my ex-husband traveled outside the country, and I rejected his resignation, and it was agreed with him to continue working remotely from… The foreign country in which he currently resides.. What is the procedure in such a case and can I seize his salary for alimony? .

Answer

Legal Advisor Dr. Youssef Al-Sharif answers:

According to the text of Article (242) of the Code of Civil Procedure, the employer of the person being executed against (the one obligated to pay the expenses ruled subject to the execution) shall be addressed by the court to inform it of the value of the salary of the person being executed against and to reserve a quarter of the wage or the fixed total salary and supply it to the court’s treasury or transfer it to the account of the person requesting the execution. According to what the court decides in its letter to the employer.

If the employer does not respond within (7) days from the date of notification of the seizure, or if its response includes incorrect data, such as that the person being executed against does not work for it, or its report of the salary value is different from the true value, then in this case its response to the court, which is an official body, is considered a crime of providing incorrect data. It is one of the crimes of forgery. Therefore, if the person requesting the execution has proof that these data are incorrect, she must file a penal report against the employer as well as the person executing against them for their participation in that crime. In addition, the person requesting the execution may file a lawsuit against the employer using the usual procedures to judge her for the amount reserved for him ( Judgment expenses subject to implementation) in accordance with the text of Article (259) of the same law.

It may also file a criminal report against the perpetrator, in accordance with the text of Article 382 of the Crimes and Penal Code, for abstaining from paying expenses despite being able to do so for a period of (3) three months after warning him to pay. This is a crime punishable by imprisonment for a period not exceeding one year and a fine not exceeding (10,000). Ten thousand dirhams or one of these two penalties

Your inquiries can be sent to the email: [email protected]