Alimony is a right established by law, which guarantees financial support for the needs of children and adolescents of divorced parents, in the areas of clothing, food, medical care, education, etc.
In family law, alimony is based on the need that a person may have to receive what is necessary to survive, given their inability to procure it alone.
Concern over non-compliance with alimony is constant in a large sector of the population How is alimony calculated? Until what age is paid?… These are some of the questions that are formulated every time the subject is addressed.
Here is a short quiz to understand what steps and requirements for food demand you need to know.
Food Demand Requirements
In order to start a food claim, you will need to have these documents on hand:
- Copy of the ID of the person requesting food.
- Birth certificate of the child or adolescent.
- Certificate of studies. Tickets or payment receipts that correspond to expenses generated by the child. (Health, clothing, food, education, recreation, etc.).
- Documents proving the income of the defendant.
- Reniec file of the defendant to establish the fiscal location.
Who can apply for Food Pension?
Among the persons authorized to exercise the right to request alimony are: the spouse, the parents of children under 18 years of age, children of legal age with a physical disability or mental illness, and children of legal age who higher education, up to the age of 28.
To whom should the alimony claim be filed?
The application for this lawsuit must be filed before the Justice of the Peace of the district where the plaintiff livesThis judge will be appointed by one of the 6 peace courts in charge of these specific cases.
Steps for Food Demand
The first thing the plaintiff must do with the help of his lawyer, is to dig into the economic situation of the defendant. The biggest mistake that some legal advisors make is to look only at the receipt, but the other party may have income, for example, from real estate rental or other professional services.
You can also request the defendant’s migratory movement and even lift your bank secrecy.
After collecting all the information about the other person, the claim is filed in the Magistrate’s Court of the Peace of the district to which it belongs, attaching a copy of the ID, birth certificate and the documents that prove the minor’s expenses.
Said Judge will receive the demand, and notify the defendant which will have a short period to issue a response which will be considered by the judge for the resolution of the claim.
What they should demand is that the child —in addition to education and clothing— spends on activities such as recreation, education and health.
If the defendant does not appear because he was not notified or the plaintiff lacks the document proving said notification, the hearing will be rescheduled for a later date.
Food Demand Cost
This aspect of the claim Depends on defendant’s incomein conjunction with what can be proven with the documents provided by the person filing the claim, the most common is that this includes between 20% or 30% of the defendant’s salary.
In Peru, the amount of alimony that a parent must allocate to their minor children does not exceed 500 soles. This is revealed by a report from the Ombudsman’s Office, an institution that specified that approximately 81.2% of judges set that amount as the maximum figure in most of the processes they led.
What happens if any party is late in paying the Pension?
The Civil Registry will be in charge of Registry of Delinquent Alimony Debtors Federal District.
In which people who have failed to comply for more than 90 days, their food obligations, ordered by judges and courts, will be registered.
The Civil Registry will have the obligation to pass this list to the Credit Bureau and the Public Registry of Property.
- If the obligor was notified and does not appear in sight it can be held in their absence and the alimony requested by the alimony party or the one that proceeds in Law in accordance with the documentary and testimonial evidence presented by the alimony party.
- In such a case that either party is lying in the Personal and Economic Information Form, or in your testimony under oath, commits the crime of perjury, which carries a penalty of up to 10 years in prison.
- If any of the parties presents in evidence any written evidence that they know has been altered or falsified, they can be punished with a sentence of three years.
In this situation where the parties hide information about their economic capacity, they can allocate income based on the evidence presented by the other party about the obligee’s education, occupation, lifestyle, properties and any other pertinent information.
- If either party refuses to comply with discovery, the court may impose the payment of economic sanctions Y of attorney fees.
Can an early pension be requested before it is approved?
No, at the beginning of the lawsuit you can request a provisional assignment so that the creditor can, at least, cover his own food expenses. The judge will establish the fixed monthly amount, this is called Provisional Pension.
What is the Food Pension?
Alimony can be defined as the duty imposed on one or several persons, to ensure the support of a third party, assuming the conjunction of two parties: a creditor called the obligor, who has the right to demand and receive food, and another debtor called the obligor, who has the legal and moral duty to lend it.
Once the alimony is established, it remains unchanged for 3 yearsexcept if one of the parties requests the review and proves a substantial change in their economic situation or in the needs of the obligee that justifies their request.
The party interested in the review of alimony must request it from the Court and prove the change that is the basis for their request.
The change has to be unforeseen; the party could not know him on the date when the alimony was established.
- Significant changes that could justify a review of alimony are the following: unprovoked dismissal from the employment of any of the parties, disabling illness of any of the parties, educational problems of the obligee and illness of the obligee, among others.
Frequent questions
Can I receive pension while pregnant?
Yes, the pregnant mother has the right to obtain a pension from the father of the child, since he is obliged by law to care for and well-being of the unborn child, thus helping his income for prenatal examinations and control of the baby .
Up to what age can it be received?
Alimony can be received until the fed has the age of 25 yearsas long as you are successfully pursuing a higher degree.
For this reason, the obligation to provide maintenance does not necessarily end when the children reach the age of majority. Said obligation usually falls on a close relative (for example, the parents with respect to the children, or vice versa; although it can also be another direct relative).
How is the amount of the Pension calculated?
The law does not set a specific amount or any formula to calculate this amount. However, there are two criteria that are usually Consider when establishing the amount: the need of the obligee and the economic capacity of the debtor, which includes their income or if they have any family responsibilities.
When there is a fixed salary, what is established is a percentage that is withheld via payroll. On average, when it is via payroll, 20% of the salary is withheld for each child. If there are two children it is 30%.
In the event that the father or mother is not satisfied with the amount of the alimony, they can request an increase before a judge. The process will be similar to the one followed at the time of initiating the civil lawsuit.
Can the child claim alimony?
Of course, those responsible for the child, whether their parents or legal guardians, must be able to afford at least the minimum needs for food, medical care, as well as clothing and education.
When the children are of legal age and have the right to continue receiving alimony (either because they continue studying or because they lack their own resources) it is not advisable to pay them directly to them the pension, if the judgment or regulatory agreement established that the delivery of said amount should be made to the spouse.
Girls, boys and adolescents are the main actors in the food process:
- 90.2% of the demands (3,007 cases) presented by women were in favor of food for children and adolescents.
- Women are the ones who go to the food process the most. There is a percentage of 95.3% (3,347 cases).
- For the most part, the alimony pension constitutes the only economic support that the claimant women have to meet the basic needs of their sons and daughters, since 50.6% are dedicated to housework, while 16.8% are in unemployment situation.
- Only 16.3% of applicants carry out a paid work activity.
- Men are the most frequent defendant in a food process (95.3% of the cases), and they carry out paid activities, mainly, in the areas of provision of services (39.4%) and transportation (13.2%).
It should be noted that only 0.6% of the respondents dedicate themselves exclusively to housework.
- More than half of the defendants have a relationship of cohabitation with the
plaintiff (51.1%) and about one tenth, a matrimonial one (13.5%). - Finally, in 53.1% of the cases (1,865), the defendant did not intervene in the process, which has a direct effect in terms of subsequent breach of the judgment.
To start this procedure Please be patient for response times. to the protocol in accordance with the law, however, firmness should not be lost, since it is the duty of parents and legal guardians to provide what is necessary to children and adolescents, for quality education, comprehensive health and an environment of wellness.
We hope that the Steps and Requirements for Food Demand They have clarified the situation for you.
Related articles that may interest you
How to recover Debit Card password: What is a Debit card, its advantages and disadvantages
What are the Conditions and Requirements for Donating Blood in Argentina
How to recover my Movistar Play account: How to recover Movistar Play username and password
Requirements for Icetex Credit: Documents, What it is and MORE