One can only speak in delay in the payment of the pension after the same have already been set by the court or by agreement.
When determining the food, the court will determine the manner of its provision, taking into account the interests of the beneficiary and who is obliged to provide it.
If the father or mother are not fulfilling their obligation regarding food, the holder of the right to receive the pension can legally collect overdue amounts, through the action to enforce payment of food.
But this obligation does not apply if the delay in the payment of the pension is due to unemployment.
However, the criminal law determines that "those who are obliged to provide food, is able to do it and do not fulfill the obligation, endangering the fulfillment of basic needs of the child, will be punished(...)".
CMA – Carla Monteiro & Associados, Sociedade de Advogados, RL