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Mexico’s Top Court Says Partial Child-Support Payments Can Constitute a Crime

The Court set a case-by-case standard for retroactive claims that clarifies a grandparent’s support does not erase a parent’s duty.

Overview

  • Mexico’s Supreme Court established that paying less than the ordered child support without justification can trigger criminal liability.
  • The justices said criminal prosecution is permissible when civil and family-law tools fail to secure effective compliance.
  • The Court revoked amparos previously granted to two debtors who repeatedly deposited amounts below court-ordered sums.
  • In a specific case, the Plenary ordered a father to cover retroactive support for his daughter’s first three years of life.
  • Judges must weigh factors such as the parent’s knowledge and good or bad faith, and the debtor bears the burden of proving inability to pay.