Do you want to start a food lawsuit? I recommend you read this article until the end, since we will show you all the steps and requirements that you must meet to proceed with it. I hope you find it useful!
The alimony claim is an economic constraint imposed by a court to provide support to the spouse when a separation or divorce occurs.
As ruled in family law, food is one of the fundamental consequences of kinship and one of the most important principles of human charity.
Spouses and cohabitants are obliged to provide themselves with food, in the same way that parents are obliged to their children, being one of the primary duties for parental responsibility or parental authority.
The food demand is that law that is granted to a person to sue another, so that this person provides sustenance, also called food, housing, clothing, health, mobilization, basic and secondary education and the learning of some profession or trade. A claim for food can be filed against: spouses, descendants, ascendants, siblings, the mother of the unborn child, the donor, when the donation was large, etc.
Feed demand can be determined by the following factors:
- Cause of separation/divorce: In the event that the divorce is based on fault, the alimony demand will increase considerably, according to the nature of the fault.
- Earned income: In an attempt to balance lifestyles and income after the divorce, the income of both parties will be calculated before establishing alimony. Generally, the spouse with the highest income will be responsible for paying the pension.
- Length of marriage: The period in which the pension must be canceled could be determined by the time that the marital relationship lasted. Frequently, those marital relations that have more than 10 years of duration could eventually result in permanent alimony. Within some states it is understood that a marriage has come to an end after a separation occurs for a considerably extended period of time.
- Ages of the parties involved: Younger spouses with high earning potential may be able to receive alimony for a shorter period of time.
- Health: the issue of health influences the alimony demand, because, in the event that a spouse has serious health problems that make them unable to support themselves, they may receive more alimony.
On a recurring basis, there is a tendency to confuse alimony or alimony with child support, the latter is another type of economic obligation that is ruled in case of separation or divorce, it happens when one of the parents is in charge of supporting and contributing economically with the welfare of their children, who live with the other parent.
Instead, alimony or alimony is considered income for the receiving spouse and is subject to tax, while child support is not.
Child support is considered a necessary economic obligation imposed by a judge for the father or mother who does not have custody of their child, so they must provide money to maintain it; In case of trying to avoid said maintenance, he will be subjected to legal consequences.
In the event that the payments corresponding to the alimony claim are not made, a standard collection procedure will be opened, which is similar to a debt collection.
It is very important to make it clear that the Judge dictates the amount of alimony depending on the case being handled in order to meet the needs of who should receive it according to the possibilities of who should give it. Consequently, there is no tabulator or standard amount that must be paid by a minor or alimony creditor in all lawsuits.
Likewise, one of the most relevant inclinations in terms of pension or alimony demand that allows to better meet the needs of creditors, is to change the way in which the demand or pension is calculated and estimated.
Generally, the debtor’s verifiable income is taken into account, thus allowing debtors with informal jobs or who are self-employed to hide or reveal less income to pay less than what they are entitled to.
There is currently a new proposal, which dictates that the pension must be calculated based on the verifiable expenses of the debtor, that is, the expenses, thus making it difficult to conceal and simulate their economic situation.
Food Demand Form
Below will be the link where you can download the form to carry out the food demand. Once it is fully filled out with the information requested, it must be delivered to the Judicial Council, to the Judge with competence in matters of family, women, children or adolescents.
Single Form for Food Demand for Pregnant Women
This form must be presented, after filling in its entirety with the data required by the Judicial Council, to the Judge with competence in matters of family, women, children or adolescents.
In the event that the divorce or separation occurs while the woman is pregnant, thus requesting a maintenance petition from her spouse or common-law husband.
Single Form for Demand for Reduction or Decrease in Alimony
This single form must be entered in the Council of the Judicial Council, to the Judge with competence in matters of family, women, children or adolescents, once completed with the information requested in its entirety, in the event that the spouse or spouse to whom the alimony claim was set wishes to sue for a reduction or decrease in it.
Alimony Increase Form
Said form must be introduced in the Council of the Judicial Council, to the Judge with competence in matters of family, women, children or adolescents.
After it is filled out in its entirety with the data requested, in the event that the spouse who receives the maintenance claim considers that it should be increased, either because their needs have changed, or the income of the second spouse in question has increased and is in the ability to provide a better amount in terms of alimony.
How to Fill out the Alimony Support Forms?
Alimony forms must be filled out in their entirety accurately with the data requested in it. It should be emphasized that the veracity of the data provided depends on the food demand proceeding in the best way, so it is recommended that these are not altered or manipulated by the parties, because this could compromise the process and delay it. .
We hope the information has served you. We read soon!
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