The garnishment of the minimum wage for the payment of alimony is an issue of great relevance in the legal and social sphere. This mechanism is used in cases where an individual has a legal duty to pay such a pension, but does not comply with that obligation voluntarily.

Let’s analyze what is minimum wage garnishment, the measures that the debtor can take to avoid it and the requirements to make this request by the creditor.

What is a minimum wage garnishment for alimony payments?

Wage garnishment for alimony is a legal measure used to secure the payment of alimony in favor of a child, spouse or both. This in order to be able to meet the expenses of clothing, food, transportation, education, among others.

When a person repeatedly fails to pay the respective obligatory alimony, the creditor may request the court to seize the debtor’s paycheck or salary in order to ensure payment of the alimony owed.

In this way, the debtor’s employer is notified to withhold a portion of the debtor’s salary or wages and deliver it directly to the pension creditor. Wage garnishment may be applied on a temporary or permanent basis, depending on the debtor’s situation and economic capacity.

The seizure of the SMI becomes a tool to ensure that this duty is fulfilled, but it also generates controversy due to the effects it has on the debtor and his or her ability to meet his or her own needs.

Requirements for the minimum wage garnishment to be triggered

In order to proceed with the seizure of the SMI in the context of the payment of alimony, it is necessary to comply with certain requirements established by law.

• Existence of a legal obligation to pay this type of pension. It is necessary that there is a resolution of a judge that establishes the obligation of the debtor to pay alimony in favor of the creditor.
• That there is non-payment of this pension. The debtor must have voluntarily and repeatedly failed to pay the pension established in the corresponding court decision.
• Request for seizure. The creditor must formally request the garnishment of the debtor’s salary before the corresponding judge, providing evidence of noncompliance with the payment.
• Existence of a salary or regular income. The debtor must have a regular salary or income that can be subject to garnishment.
  It should be noted that wage garnishment is limited by Article 607 of Law 1/2000, which establishes a maximum percentage of the salary that may be garnished. Certain exceptions and limits are also established depending on the debtor’s circumstances.

However, in the events related to pensions of this type, these percentages and the SMI prerogatives do not apply. The Judge in charge of the resolution will fix the amount and terms of the seizure assessing each particular case, according to article 608 of the same Law.

What measures can be taken to avoid the seizure of the SMI in cases of non-payment of alimony?

There are different measures that can be taken to avoid garnishment of the minimum wage in cases of non-payment of alimony. The first and most advisable is the amicable agreement. Reach an amicable agreement between the debtor and the creditor, establishing new payment conditions.

It is also possible to request a deferment or installment of the debt. This is a little more difficult to realize and must be supported by the debtor’s financial situation. In any case, we recommend that you consult a lawyer specialized in civil law for legal advice.