Malicious renunciation of inheritance or legacy: Aggravating factor in the crime of failure to provide support?

Barranzuela-Campos C.D. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2025) · DOI: 10.5281/zenodo.14567154

Resumen

The study examines the renunciation of inheritances or legacies as a malicious strategy to evade court-ordered child support payments. Its objective is to propose that such actions be classified as aggravating factors in the crime of failing to provide support, ensuring legal protection for dependents and adherence to judicial mandates. Methodologically, legal and social justifications were analyzed to strengthen penal sanctions against recurrent, intentional misconduct. The findings reveal that renouncing inheritances to avoid financial obligations is a common tactic, particularly among parents with support duties. In conclusion, the study recommends classifying these actions as aggravating offenses to ensure timely compliance with support obligations and promote the well-being of dependents.