What is the Alimony?
From a legal point of view, the definitions that have been postulated for the concept of Alimony in the Family right they are spacious.
Therefore, it is important to understand Food Law as:
"The legal Faculty that has a person named alimony to demand from another what is necessary to subsist, by virtue of blood relationship, marriage or divorce"
What does the alimony include?
Food is not only to survive, the purpose is to provide the opportunity to develop and live with dignity
That is why food, clothing, room, access to education and assistance are included. general medical
Our Article 4 of the Constitution, makes reference in its paragraphs to the obligations of the State to provide us with facilities for the fulfillment of children's rights
As well as specifies that parents who have parental authority have obligations, which are rights for the children
What should a Judge take into account in alimony?
The following items will be taken into account when establishing the maintenance obligation:
- Provide food, clothing, room, as well as medical and hospital care in the case of pregnancy and childbirth.
- For children, their educational expenses and providing them with a suitable trade, art or profession should be considered.
- As for the disabled or in interdiction, they must provide what is possible and necessary for them to achieve their rehabilitation and growth.
- Older adults who lack assets will be provided with their geriatric care and food without being excluded from the family.
It should be understood that this obligation is not satisfied solely by providing capital to children for their wants and needs.
Can a child support be guaranteed?
There is the possibility of guaranteeing food, with a provisional measure that can be requested when filing the demand for food
Assurance can be done by:
- Mortgage
- Garment
- Bail
- Deposit
- Another that the judge dictates
As for food, it will always be proportional to the possibilities of the person who has to give it and the need of the person who receives it.
The Amount or Amount of alimony can be determined and fixed in two ways, a agreement or by judgment
This amount must always increase according to the National Consumer Price Index published by Banco de México
Only when the maintenance debtor try that their income did not increase in such proportion, it will remain except as commented in the previous paragraph
It is important to mention that due to the nature of the food, these can always be adjusted, since situations may arise in which the amount of alimony ends or is born, increases or decreases.
Who can guarantee my alimony?
By filing the demand for food, there is the possibility of guaranteeing alimony, and they are only entitled to request it:
- Who has the parental authority of their children
- Who exercises the custody and custody of their children
- The guardian in charge of a minor
- Siblings and only collateral relatives within the fourth degree
- The Public Ministry
- Personally, the alimony creditor
A written request must be submitted to the corresponding administrative authority specifying how long they have been with a partner and whether they have had children.
Can my Pension condition me who must give it to me?
Alimony is not negotiable, or something you can give up
That means that the Law recognizes you the power to request or claim your payment if you meet the requirements of the Civil legislation to be a food creditor or on behalf of the same.
In the same way, anyone in whom the maintenance obligation falls cannot give them in terms of compensation or modify the amount without the authorization of the Family Judge.
Only in family conciliation procedures, through the judicial system, is there the possibility of complying with said alimony in the way in which both accept and agree by agreement
Who is obliged to give food?
It will be civil and family legislation that decides when the maintenance obligation begins or ends and those who are normally obligated are:
- Between spouses, the law will determine in the cases of divorce, nullity of marriage or de facto separation.
- Between Concubines, in the same terms as the previous ones.
- Parents to their children, and in case of impossibility, the other ascendant relatives who are closest.
- Children to parents, corresponding to the closest descendants when not possible. If there are no descendants, the father's or mother's siblings.
When does alimony end?
There are different scenarios in which the Alimony comes to an end, some are as follows:
- When who should receive the pension commits acts of family violence, injuries, misdemeanors or damages against who should give food.
- When for unjustifiable cause and without consent who should receive a pension leaves the home who should provide food.
- When who has to pay alimony, is declared insolvent and without means to cover their obligation.
- When who should receive alimony reaches adulthood and did not continue his academic studies.