Alimony

When a legal separation occurs in a marriage with children , one of the most important aspects that come to light during the process and that must also be solved quickly is the feeding of minor children who are part of the family nucleus. . To this end, it has created the alimony or food , economic contribution rate to be paid to meet these needs.

Definition

Alimony is a duty that is imposed on one or more people within a family nucleus that has been broken as a result of a divorce in order to ensure the solvency of the food needs of minor children. The term includes everything that is related to what is considered for optimal sustenance , for example, food , clothing , medicine , medical care and education .

It is important to mention that alimony can be set by mutual agreement of the spouses and must be issued in all proceedings related to contentious divorce . Another important aspect that must be taken into account is that alimony does not exempt children from marriage who have reached the age of majority as long as they comply and follow a study plan and that they also do not have any type of resource own .

How much alimony must be paid

In order to determine the amount of alimony there are several aspects that must be considered and taken into account. First, it is important to know what are the different economic needs of the child or children who will enjoy it. All these aspects must be proven in a trial and include basic aspects of food , recreation , studies , health and mobilization .

The economic capacity of the parties must also be considered , it is important to know with evidence if the defendant has sufficient payment capacity to face this type of pension and at the same time, the economic amount that the plaintiff must be proven. can bear.

In most cases, the law already establishes a minimum amount of alimony as well as a maximum amount, however, in case the defendant has a precarious financial situation, the minimum amount can be reduced, or if both parties manage to reach a certain agreement .

I calculate according to the salary

When there is a proven income on the part of the defendant, the judge will proceed to make a tabulation based on all the minimum wages and to this amount a direct percentage will be applied later, which generally stands at 15% when there is only one child or by 30% when there are two children.

In most countries, the courts are responsible for setting a pension and, if the defendant is an employee, the pension may not exceed 50% of income . The maximum pension in these cases will be taken into account by analyzing and studying the defendant’s income. It is important to mention that a series of aspects must be taken into account in the income of the defendant, such as dividends if one is in a company, the rental of properties and other income that the defendant may have.

Until what age must be paid

Alimony must be paid by the defendant until the child (ren) reaches the age of majority . In some cases, when the children reach this age of majority but continue studying in colleges or universities , the pension must continue to be paid until they finish their studies. There are some processes that can stop the payment of said economic aid such as the death of the child or young person, the abrupt and considerable reduction of the resources of the obligor, a notable improvement in the economic situation of the child or some faults that can lead to disinheritance.

Breach

In practically all countries, when alimony is not paid, they proceed to pay with prison . It may also be that a fine , a suspension or that the obligor loses all family rights . When these situations occur, a payment must also be made to repair the damage caused by not paying the amounts of money in a timely manner. The nonpayment of alimony is considered a crime of such criminal and therefore, prison is how to enforce the law.

Claim for alimony

The first step is to go before a Family Court to be able to present the claim and to have the person who wants to sue in mediation be summoned . The main objective of this mediation is to be able to reach an out-of- court agreement to establish the amount of the pension without the need to go to trial.

All the necessary documents must be on hand and up to date, including the marriage certificate, the birth certificate of the children, the amount of the payment of the salary of the person requesting, a study on the relationship of expenses and a certificate that the children or minors are regular students in schools or universities.

The lawsuit will then be filed with the Court of the city where you reside and you must hire a lawyer so that he or she can personally file the lawsuit. In many places, you can seek the help of a state-paid attorney when you cannot afford to hire a private attorney.

Alimony by country

Spain

Alimony money in Spain must be used exclusively for ordinary and foreseeable expenses related to children. The pension must be paid until the children turn 18, however, if at this age, the children are still unable to generate their own income, the pension could continue.

Mexico

In Mexico it is seen as the right to food for children and is protected in Mexican legislation , for this reason, here parents must respond to the needs of their children. It is included within the Civil Code in article 301. In addition, this type of obligation occurs mainly between parents and children, however, there are some special situations where it can be the opposite.

Argentina

In this country, the process to fix alimony is very fast and can last as little as ten days. From the moment the pension is established, it begins to take effect and the amounts will depend on the socioeconomic level and the income of the defendant. Alimony in Argentina is granted until the age of majority , which in this case is 21 years .

critics

Among the main criticisms made of alimony is the use of these monies for other purposes, since it has sometimes been shown that the funds are not fully used by the children. In some cases, they have been fixed amounts incredibly high that affect the economy of the defendant and even can lead to jail .

Other criticisms include that many important aspects with respect to the defendant are not taken into account at the time of fixing the amount, making it very difficult at times to cancel the amounts that have been established.

Importance

Alimony is important because it is the means by which the health , nutrition and education of minors who are part of a family nucleus that has been dissolved by divorce or separation can be guaranteed . It is a way of being able to comply with all the rights of children so that they can live and develop with dignity , in a favorable environment and without lacking in life.

Examples

An example can be seen in a marriage that divorces. From this marriage three children were born who study in schools and colleges. As there is no agreement on the part of their parents, the mother initiates the application process. The judge, after analyzing all the data under the law, establishes an amount for alimony in order to meet the needs of the children.