When a defendant with a criminal record who is on probation sits in the dock, the question is always: yes or no to a custodial sentence? However, if the offense was a violation of the obligation to pay child support, a prison sentence would prevent exactly what is required of the defendant – that he pay regular alimony to the child’s mother. Against the backdrop of this dilemma, the habfurt district court dropped an indictment against a 36-year-old craftsman with the stipulation that the man must continue to work regularly in the future and fulfill his fatherly duties to the best of his ability.
Quarter not paid
The bottom line is that the trial was only about a short period of time, because since february 2017 the worker has had a considerable part of his wages pledged away with over 500 euros. However, he had already taken up the job with a monthly salary of around 1500 euros in november 2016. This means that in the period up to january 2017, i.E. For a quarter of a year, the defendant failed to meet his financial obligations for three minor children aged four, eight and 15 years. The time before that he spent partly in jail.
Tense financial situation
The craftsman was very reasonable and explained that he knew his obligations to the two children’s mothers and that he had simply "forgotten" about the child support payments had. Alexander wessel, as the public defender, explained that his client was also in "strained financial circumstances" for this reason was sentenced to pay a large fine and court costs in installments from past court cases.
In addition, neither the mother nor the youth welfare office approached the father of three during the period in question and asked him to pay. The rather passive behavior of the single mother can be explained by the fact that she regularly receives advance maintenance payments from the responsible youth welfare office.
Private insolvency filed
At the moment it looks like his two youngest children are with their father every 14 days on weekends. And during his vacation, he reported, he looked after the two little ones for two weeks at a time. He also wants to get his financial house in order. He has therefore filed for personal insolvency and in this way wants to get rid of the mountain of debt he has accumulated over many years in the foreseeable future.
Matter of family law
Of his monthly salary, the amount that exceeds 1180 euros now always goes to the administrator of the insolvency proceedings. The lawyers were not able to say ad hoc whether it would be possible in this situation to demand a further sum from the craftsman for maintenance obligations. Because this question is not a matter of criminal law, but of family law. From this point of view, the above-mentioned hiring took place under conditions. The extent to which this requirement is legally permissible will be determined in the course of subsequent investigations.