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The 44-year-old owes 61,000 Brazilian real (approximately £15,000) to Barbara Thurler, and as a result has been given a jail sentence by the Rio de Janeiro courts.
According to local media and Spanish news agency Efe, Carlos claimed financial difficulties for his failure to pay the money and wanted to pay the costs in installments.
However Carlos, who was famous in his playing days for his viciously struck free kicks, instead faces a spell behind bars in his native Brazil.
Judge Mayane de Castro said the family rejected a proposal by Carlos to pay the sum in instalments, but his lawyer Fernando Pittner said the matter would be resolved without him needing to go to jail