For all people experiencing a divorce, it is important to emphasize that it is a difficult and delicate stage that can be more complicated if there are children involved, since it implies more obligations on the part of the parents, and by law they will have to be met with them. At Defend Abogados ®, we are experts in family law and we want to share with you important information about alimony.
Alimony is one that must be paid by the spouse who does not have custody of the children to meet the maintenance expenses that they have until the moment they are independent.
When we talk about food, we refer to everything that children need to live and grow, according to the economic possibilities of their parents. The term "food" carries other basic needs such as: housing, clothing, recreation, assistance in case of illness, education and, of course, food.
In Mexico, alimony can be requested by the person interested in receiving it, the corresponding parent or ascendant from whom she should receive alimony under her own parental authority, the legal guardian, siblings and other collateral relatives. Also, ultimately, the Public Ministry can exercise the management of the request.
The person obliged to give maintenance is known as a maintenance debtor and the person who has the right to receive it is called a maintenance creditor.
The obligation to provide food is, first of all, from the parents to the children and vice versa. In the absence of these, the obligation will be from the grandparents to the grandchildren, or great-grandparents, great-great-grandparents and their respective grandchildren and thus without the law establishing a limit in this regard.
According to article 311 of the Federal Civil Code:
Food must be proportionate to the possibilities of the one who must give it and the needs of the one who must receive it. Determined by agreement or judgment, the food will have a minimum automatic increase equivalent to the percentage increase in the daily minimum wage in force in the Federal District, unless the food debtor shows that her income did not increase in the same proportion. In this case, the increase in maintenance will be adjusted to what the debtor would have actually obtained. These preventions must always be expressed in the corresponding sentence or agreement.
For the purposes of this article, the federal civil code is cited; However, each state has applicable legislation for family matters, be it the civil code or, in some states, the family code, and it will be necessary to review the legislation applicable to your state for terms of the corresponding articles.
The amount of the pension is also governed by both criteria. It is essential that in the case of minors, the parents or guardians who have guard and custody, document all expenses: tuition receipts, supermarket tickets; where only the consumer products of the minor or the food creditor are included, as well as all the receipts of expenses with which the need for the food can be demonstrated and the alimony quantified.
For people who do not have a fixed income, it does not mean that it does not have the possibility of providing food, since economic capacity can be demonstrated through a study carried out by experts and by order of the judges, or failing that, the person can give their assets in order to cover pensions.
The pension can be established by debtors and creditors (or their representatives) voluntarily, through payment procedures on consignment before mediators, in divorce agreements, or, in a forced manner in the corresponding lawsuit.
At Defend Abogados ®, our motivation is to protect the family and its members. For this reason, if you need a family lawyer, here we will provide one to give you legal advice.
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