Failure to pay alimony in Iran's legal system is subject to criminal prosecution despite some conditions. According to Article 53 of the Family Support Law approved in 2011, one of the necessary conditions for criminal prosecution is that the abstainer must have the ability to pay alimony and, despite this, refuses to fulfill this legal duty. The upcoming research, with a descriptive-analytical method and data collection in a library style, seeks to answer the question that if someone does not have the necessary property to pay alimony, but has the conditions to earn and try to provide alimony, and yet refuses to pay alimony, is such a person subject to criminal prosecution? While examining two cases of conflicting judicial opinions, the author took a new look at the category of affordability and reached the conclusion that a person who has the conditions to earn money to provide alimony is affordable; Therefore, in case of non-payment of alimony, according to legal standards, he is not exempted from punishment.