1 - who who could ask for food?
a spouse., The descendants, ascendants, brothers.
As noted, the maintenance responsibility is much broader than traditionally thought, ie not only the spouse and children are holders of this right, but also the people as parents, grandparents and siblings, for example.
2 .- food should be ex-spouse?
In food, if food be the case:
- the innocent spouse personal separation or divorce (in the event that any of them has been decreed by the litigious procedure under Article 202 of the Civil Code),
- the sick spouse in the cases mentioned in Article 203 of the Civil Code (mental illness, drug addiction and alcoholism), retain the right to food full. This means that in this case, the innocent spouse and the patient is entitled to the other spouse to give them enough so they can maintain the same standard of living they had before the separation
turn establishes civil code that setting the fee must take into account the financial position of both the revenue possibilities of working and who holds the custody of the children.
The right to food is always subordinate to the fact that you need them and the other can give them. Assume the personal separation or divorce is decreed because the husband and then, the wife retains the right to food. but if their economic situation is better or equal to the husband, then in that case the judge does not receive Pora determine
share 3 .- how s the food-for minor children?
is not news that our civil law the minor children are under the authority and care of their parents, who have the right and obligation to raise them, feed them and educate them as to their status and wealth, not just the property of the children but their own. The maintenance obligation includes meeting the needs of children in child support, education and recreation, clothing, housing, care and expenses due to illness.
The obligation to pay maintenance can not be offset by any other, or be traded, the right to food is irrevocable and transferable. May be waived or traded food unpaid arrears, but future assessments.
If separation or divorce this obligation continues to rest with both parents, however, that the possession be exercised by one of them. The defaulter may be sued by the other parent, any relative, by the Ministry of Children and even by the minor himself if he had reached fourteen years, assisted by a special guardian.
If parents are unable to provide food, your children can reclaim their ancestors (grandparents, great grandparents, etc., Being forced preferably the closest and equal degree who are better able to provide them). They are also obliged the brothers and half brothers, and stepfathers and stepmothers (united in marriage to the mother or father of the child).
Usually the food court or agreed set taking into account the following factors:
- The father lives with no obligation to pass always has food, unless illness or some other reason you are unable to do so. In normal cases, no judge to set a quota stop food (for low it is) just because the person has no work, for example.
- If the father has a steady job, the fee is established on the basis of that amount and set a percentage. The percentage varies with the number of children under age It is likely that if one child is set a 20% and 25%, more or less, as the number increases the total percentage rises to 50%. This is not to exceed this percentage so that the person has any incentive to continue in employment.
- If the parent does not have a permanent job is taken into account any evidence to establish their income, and the fee is calculated as a percentage of those profits allegedly
- If profits can not be established produce evidence on living standards and income which are presumed to underlie it. Above them alimony is calculated, taking into account the percentages already explained.
- In principle, the obligor must pay for food money. But you can remember all or partly in kind, that is, through specific payments such as school, club, social work, etc. Exceptionally, the judge may set the requirement to take account of these payments.
4 .- What is the amount of maintenance due?
To determine the amount of food should always be taken into account by the judge the power of the obligor and domestic circumstances, this means that if the obligor has no chance to pay alimony, should be moved to the next required in order priority, all without prejudice to the constraints that may be ordered for the obligor to fulfill its obligation forcibly.
There are certain guidelines are, but the fixing of pensions, vary substantially from one court to another within the same city, and depend upon the time, the judge, and the juncture of the process itself and the circumstances partner-specific family.
depend on the particular circumstances of each case identified, and specific amounts determined to pay, building on the income of the person who is required to pay and the needs of the beneficiary.
can be determined approximately based on:
a. income: generally, will be the parent with higher income or get a higher amount of income, who often must cope with the amount of maintenance.
b . the living standard enjoyed by the family prior to divorce will be considered by the judge as a starting point.
therefore be treated at all times to preserve the child to meet those standards it had before the time of the breakdown of the marriage of their parents.
c . unemployment, health problems or insolvency: this situation can occur when one parent, for example the father loses his job intact even taking their earning capacity.
In these cases always be unemployment benefits, but may be the case have been exhausted all benefits in such cases the judge may consider suspending the payment of alimony on a temporary basis until to take place a change in their circumstances, or until it had ability to pay.
is, no payment obligation would disappear, but would be frozen until later when we earned, or a new job, either by new welfare benefits.
Once found in this situation, the parent would be again forced to reimburse the other spouse, all arrears incurred during those months in which such payments were suspended because of temporary insolvency.
d . shared custody situations: these are cases in which children live during certain seasons or times of the year with one parent, to do so in the past with the other parent.
When one parent to pass a 70% of the time with the children and the other, the remaining 30% so one must pay an amount greater in proportion to the period of time, according to the distribution set, go with small.
Dra.Veronica Velasco
0341-156011309
0 comments:
Post a Comment