Escape to alimony as a way of creditors?
Quite often you can come across a situation in which fathers of children voluntarily agree to even huge amounts of child support. Most people will ask themselves why they are actually doing this? Perhaps they chose the "alimony escape" tactic.
Escape to alimony - what is it?
Well, contrary to appearances, it may happen more than once that such a situation will have many benefits for them - it will be an escape into alimony.In the event that a person who agrees to burden him with very large alimony is indebted, by using such a maneuver, he escapes from enforcement. A clever debtor usually carefully analyzes the situation and determines the amount that he is able to spend on maintenance, taking into account that the amount remaining after the payment of these maintenance payments is not subject to enforcement due to the existing exclusion of the amount free from attachment. Unfortunately, in such cases, the debtor goes unpunished, because the judicial authorities do not check what property the debtor or family actually has, and thus automatically issue decisions in the amount usually requested by the spouse. In such a situation, the creditor's hands are tied, as under the applicable law there is no protection against maintenance abuse even in the event that the creditor tries to obtain some against such debtors. Moreover, the creditor has no legal possibility to revoke or amend the issued order regarding the maintenance obligation of the debtor.
Escape to alimony - how can a creditor fight it?
Well, this is a very difficult issue, because from the practical side the chances are slim, but the law provides for such a possibility. Article 300 of the Criminal Code indicates that persons who are at risk of insolvency or bankruptcy may not seemingly encumber their assets. The creditor, wishing to try to fight the debtor, must in this case prove the apparent nature of the maintenance burden, which, as we know, is not simple, as the source of the burden is a court settlement. Another gate for the creditor may be Art. 83 of the Civil Code, according to which: if the declaration of will has been submitted to the other party (with its consent) for the sake of appearance, it is considered invalid. The requirement is to convince the court of the bad will of the other party (spouse). Both of the above-mentioned solutions are very difficult to prove, but at the same time they are the only option for the creditor who wants to recover his debt.