What are child maintenance payments meant to cover?

What are child maintenance payments meant to cover?

Child support law updated peru 2021

The law recognizes the right to receive alimony and the obligation of family members to provide it. The right to receive alimony cannot be waived nor can it be the object of a transaction.

The concept of food refers to everything that is indispensable for the subsistence and well-being of the individual in the physical, moral and social aspects. This concept of alimony includes sustenance, room, clothing, medical assistance and education of the maintenance creditor.

In matters of alimony, the principles of equity and proportionality between the debtor and the maintenance creditor are followed, that is, based on a balance between the resources of the maintenance debtor and the respective needs of the maintenance creditor.

The Civil Codes, the Family Laws of the states regulate the right and obligation of maintenance; the Codes of Civil Procedures of the states establish the procedures and rules for the exercise of actions to obtain, claim, suspend, cancel and terminate the maintenance obligation. It is recommended to consult the legislation applicable to the specific case in the state in question.

Alimony

It is a computerized tool developed and managed by the Judiciary Council, which guarantees the adequate and timely process of collection and payment of alimony in favor of the users of the administration of justice.

– The value of their alimony is credited in full to their personal accounts in the financial institution of their choice, guaranteeing access to the profitability and financial services offered by the banking system.

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In the sentence or in the corresponding mediation act, the judge or the mediator orders that the crediting of the alimony be made in the account of the financial institution that the beneficiaries have identified for that purpose.

No. The beneficiaries may choose the financial institution in which they wish to receive their money and must indicate to the judge the details of the bank account in which the alimony is to be credited.

The beneficiary of alimony is free to choose the bank where he/she wishes to receive the money. If he/she wants a change of the bank account, he/she can request it, by means of a petition addressed to the judge.

Grounds for loss of child support

In case of separation, the parents will determine whether the personal care of the children will correspond to the father, the mother or both. Both, even if they live separately, will participate actively, equally and permanently in the upbringing, education and maintenance of their children. When the personal care falls to one of the parents by agreement or judicial resolution, the other must always contribute to the maintenance. If he/she fails to do so, the payment of alimony may be sued in court.

Mediation is an obligatory instance in matters of alimony, prior to the possibility of legal action. The parties may go directly to a private mediator or to the centers that have been tendered. In those cases where the mediation fails to reach an agreement or one of the parties does not attend the mediator’s summons, a certificate of frustrated mediation is issued, which enables the parties to sue for alimony by means of a written presentation sponsored by a lawyer before the competent family court.

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Table of alimony in Mexico

Alimony also includes the education and instruction of the maintenance provider while he/she is a minor, and even afterwards when he/she has not completed his/her education for reasons not attributable to him/her. Among the alimony will be included the expenses of pregnancy and childbirth, insofar as they are not covered in any other way”.

In short, the alimony is agreed by the Court and refers to the obligation of payment that has a parent, normally the non-custodial parent, to respond to the expenses that the minor child has.

The fact that the children reach the age of majority does not mean that their right to continue receiving alimony should be extinguished, as long as they continue to be economically dependent on the family unit, that is to say, that they do not have their own income for reasons that are not attributable to them.

The amount of the alimony can be agreed by mutual agreement by both parents and in case of disagreement it will be the judge who determines it according to the specific circumstances of the family.

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