In this article we will show you what are the requirements for claim for alimony. Above all, it is important to know the meaning of “food”, which is related to everything that results indispensable not only for the welfare, but also for the support of an individual, either in the physical, social and moral sphere.
In this way, it is easier for us to define What is alimony? that, in a few words, it is the amount (set by judgment or agreement) that the food insolvent has the duty to pay the food creditor for “maintenance”. Which include: clothing, health, education, housing, among other needs.
That is why, in the following guide we will explain everything related to alimony, and we will delve into the requirements to make said claim, the steps to follow, how to calculate the amount, how to cancel alimony and benefits that it owns.
What are the requirements for a claim for alimony?
There are a series of requirements that will be necessary to be able to initiate a demand for food, which is why, below, we will present you with those documents that you should have on hand:
- Birth certificate of the child or children.
- Marriage legalization document, this will be necessary in case the spouse does not have a permanent job or has been dedicated to the home throughout the marriage.
- The needs of the child: at this point you must present a list that reflects the expenses made in terms of nutrition, water, education, health, recreation, electricity, residence, clothing, gas, telephone, among others.
- The economic and patrimonial possibility of the defendant: through income tax declaration, salary settlements, history of his patrimony and fee tickets.
- In the case where false antecedents are exposed or the sources of income are concealed, the respective administrative and criminal sanctions will be carried out.
How to calculate alimony?
It can be difficult to determine a specific amount, since the Law does not have a defined formula that can be applied to determine an amount, however, not all is lost, there are two ways, dictated by the judge, which allow you to calculate the value of alimony, and this in turn depends on each case:
- When there is no way to verify the father’s fixed income: The judge will perform a tabulation through a predetermined amount of “minimum wage”.
- When there is a fixed salary: A percentage which is retained via payroll.
It is important to note that, by law, there is a limit, that is, a minimum and maximum amount that can be paid for food. Generally, when it is via payroll, a 15% of salary for each child. If there are two children, 30% is withheld, and so on consecutively. However, alimony must not exceed 50% of the monetary income of the defendant.
If the case is presented where the father or mother do not agree with the amount that has been established, they have the option of requesting an increase before a judge.
Steps to a Claim for Alimony
The steps that will be developed below are applied to most of the cases of those who try to claim alimony:
Likewise, you must bear in mind that in order to file a claim for alimony it is necessary to follow a series of steps. Here we will detail what they are:
- To begin, you must go to a family court and request a date and time to hold a mediation where both parties must be present. It is important to note that the pension can only be requested: the parent who has parental authority over the children, relatives up to the fourth degree, or the legal guardian, can even request it from the Public Ministry itself.
- If at the end of the mediation both parties manage to reach an agreement, the claim process will not continue.
- In this case, the mediator must create an alimony certificate where the final agreement will be considered. On the contrary, if one of the parties does not attend the scheduled appointment or it is impossible for both parties to reach an agreement, the mediator will proceed to draw up an act called “frustrated mediation act”.
- At this point, it is extremely important that you manage to collect all those documents which can be used and in turn turn out to be beneficial to sue, such as: school, supermarket, electricity, doctors, clothing, residence, etc.
- In addition, it is strictly necessary that the frustrated mediation act is attached to the demand for alimony (please don’t lose it).
- Then, you should meet with a lawyer and give him all the documents collected in the previous step, in order to begin the planning of the lawsuit.
- So, you will have to sign the lawsuit and wait for the lawyer to confirm the date of the hearing.
- Lastly, and one of the most important steps, “attend the hearing.”
When can the pension be canceled?
Based on what was agreed between both parties or what was dictated by the Judge, the parent who does not have custody must not and cannot stop paying alimony of your own free will. This means that, if at any time the parent does not have the way to contribute the agreed or imposed pension, either due to the birth of a new member, decreased income, etc., they must go to court and request a modification or cancellation.
Alimony can be canceled or terminated, depending on the case, for some of the following causes:
- The person in charge of providing food does not have the means to fulfill his obligation.
- The person who receives food does not need it, either because he died, obtained a job, became independent or married.
- The one who receives support (having the age of majority) presents acts of violence, contempt or irreverence against the person who provides him with food.
- That the subject does not continue with their school training or has and sustains some type of vice detrimental to their health and well-being.
- The individual who accepts maintenance vacates the obligee’s home lacking any accepted explanation or cause.
The understanding between a family turns out to be complex, since the main objective is to ensure the well-being and total comfort of the children. Thus, alimony is considered one of the most frequented aspects for regulation among the interested parties. But, because it is a sensitive issue, various doubts are usually generated about it.
Alimony benefits are awarded to the covering daily needs that the children may present. With needs we refer to clothing, food, residence, health, among other services or items that they request.
This pension also benefits former spouses, who can prove that they did housework during the marriage. In many cases, the amount of child support is dictated by a judge and this decision can optimize the standard of living in the custodial parent’s household.
What is the Claim for Alimony?
The demand for alimony it is a right dictated by law. Which guarantees financial support for the needs that children and adolescents of divorced or separated parents may present. Keep reading!
Likewise, it is a payment that must be made by the parent who does not have custody, in order to contribute and collaborate in the upbringing and maintenance of the child. In short, he must assume the daily expenses that the common minor presents and thus be able to defray the costs necessary for his well-being.
In this sense, financial resources have to be paid every 15 days or every month. And, in turn, they must meet the needs of the children, such as:
- School Supplies
- living place
The Law establishes that alimony must be assigned in a compulsory manner until the children reach the age of majority. However, this period can be extended to the age of 21 if you do not have your own income or if you continue to pursue a university degree.
On the other hand, requirements for claim for alimony They are considered one of the most delicate topics and procedures in terms of family matters. This is not only because of the tension that usually exists between former spouses, but also because of the long duration that it entails. This is why we recommend having specialized legal assistance when drafting the divorce or separation agreement.
Remember, meet all the Requirements for Claim for Alimony!
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