Pasos y Requisitos para Demanda de Alimentos
Alimony is a right provided by law, which guarantees financial support for the needs of children and adolescents of divorced parents, in the areas of clothing, food, health care, education, etc.
In family law, alimony is covered by the need for a person to receive what is necessary to survive, given their inability to provide for themselves.
The concern with non-compliance with alimony is constant in a large part of the population How is the maintenance pension calculated? Up to what age is paid?… These are some of the questions that are asked whenever the subject is addressed.
Here is a short questionnaire to understand that steps and requirements for food demand you need to know.
Requirements for Food Demand
To start a demand for food, you will need to have these documents in hand:
- Copy of the food requestor’s DNI.
- Child or adolescent’s birth certificate.
- Constancy of Studies. Receipts or payment receipts that correspond to the expenses generated by the child (health, clothing, food, education, recreation, etc.).
- Documents that prove the defendant’s income.
- Reniec file of the defendant to determine the fiscal location.
Who can apply for Alimony?
Among the persons authorized to exercise the right to claim child support are: the spouse or spouse, the parents of children under the age of 18, the children of legal age with a physical or mental disability and the children of legal age. up to 28 years.
Who should the complaint about food be submitted to?
The request for this action must be filed before the Judge of Peace of the region where the plaintiff residesThis 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 applicant must do, with the help of his lawyer, is to investigate the defendant’s financial situation. The biggest mistake that some legal advisors make is looking only at the ballot, but the other party may receive income from, for example, rental properties or other professional services.
You can also request the defendant’s immigration movement and even lift your bank secrecy.
After gathering all the information about the other person, the lawsuit is filed with the Justice of the Peace Justice of the county to which he belongs, attaching a copy of the RG, birth certificate and the documents that prove the expenses of the minor.
The said judge will receive the complaint, and notify the defendant who will have a short time to issue a response that the judge will consider for resolving the complaint.
Another error is also recorded at this stage. Some lawyers present documentation of expenses incorrectly. For example, deliver a prescription.
What they should demand is that the child – in addition to education and clothing – spend on activities such as recreation, education and health.
If the accused does not appear because he has not been notified or due to the lack of the author of the document proving that notification, the hearing will be rescheduled for a later date.
Cost of Food Demand
This aspect of demand will depend on the defendant’s income, together with what can be proven with the documents provided by the applicant, the most common is that it is understood between 20% or 30% of the defendant’s salary.
In Peru, the amount of alimony that a parent should allocate to their minor children that does not exceed 500 soles. This is revealed by a report by the Ombudsman, an institution that specified that about 81.2% of the judges established this value as the maximum value in most of the cases they conducted.
What happens if either party delays the payment of the pension?
The Civil Registry will be in charge of Bad debt registration Federal District.
In which people who do not comply with more than 90 days, their maintenance obligations, ordered by judges and courts, will be recorded.
The Civil Registry will have the obligation to forward this list to the Credit Service and to the Public Property Registry.
- If the debtor has been notified and does not appear in sight, it can be carried out in your absence and in the form of food requested by the obliged party or by that which is applicable by law, according to the document and testimony presented by the obliged party.
- In the event that some of the parties lie in the Personal and Economic Information Sheet, or in your sworn deposition, incurs the crime of perjury, which results in up to 10 years in prison.
- If any of the parties presents as evidence any written evidence that they know has been altered or falsified, they can be punished with a penalty of three years.
In the event that the parties withhold information about their economic capacity, they may charge income based on the evidence presented by the other party on the debtor’s education, occupation, lifestyle, properties and any other relevant information.
- If either party refuses to comply with the discovery of evidence, the court may impose the payment of financial penalties Y attorney’s fees.
The penalty for those who do not pay a pension is six months to 5 years in prison.
Can you request an advance pension before it is approved?
No, at the beginning of the complaint, you can request a provisional allocation so that the creditor can at least pay its food expenses. The judge will set the fixed monthly amount, called Provisional Pension.
What is the alimony?
Alimony can be defined as the duty imposed on one or more persons, to ensure the maintenance of a third party, assuming the conjunction of two parties: a creditor called obliged, who has the right to demand and receive maintenance, and another debtor called obliged, who has a legal and moral duty to provide them.
Since the pension is fixed, it remains unchanged for 3 years, unless one of the parties requests a review and demonstrates a substantial change in its economic situation or the needs of the obliged party that justifies its request.
The person interested in reviewing the alimony must request it from the Court and prove the change that justified his request.
The change must be unforeseen; the party would not be able to meet him at the date when the alimony was fixed.
- The significant changes that could justify an alimony revision are as follows: dismissal without provoking the employment of either party, incapacitating illness of either party, educational problems of the holder and illness of the holder, among others.
Can I receive a pension during pregnancy?
Yes, the pregnant woman has the right to the retirement of the child’s father, provided that the child is required by law to care and well-being of the unborn child, thus helping his income in exams and prenatal control of the baby. .
Up to what age can it be received?
Alimony can be received until the person turns 25, as long as you are successfully pursuing a higher degree.
For this reason, the obligation to support does not necessarily end when children reach the age of majority. This obligation generally falls on a close relative (for example, parents in relation to their children, or vice versa; although it may also be another direct relative).
How is the value of the Pension calculated?
The law does not establish a specific amount or any formula for calculating that amount. Regardless of, there are two criteria which are usually taken into account when fixing the amount: the requirement of the obliged party and the debtor’s financial capacity, which includes his income or whether he has any family costs.
When there is a fixed salary, what is established is a percentage that is retained via payroll. On average, when it is via payroll, 20% of the salary that is retained for each child is established. If there are two children, it is 30%.
If the father or mother is not satisfied with the amount of the alimony, they can request the increase before the judge. The process will be similar to that followed when the civil action was initiated.
Can child support demand?
It is clear that those responsible for the child are their parents or legal guardians and should be able to pay at least the minimum necessary for food, medical assistance, as well as clothing and education.
When children are of legal age and have the right to continue receiving child support (either because they continue to study or because they do not have their own resources) it is not advisable to pay them directly for them, the pension, if in a sentence or regulatory agreement provided that the delivery of the amount would be made to the spouse.
Girls, boys and adolescents are the main actors in the food process:
- 90.2% of the cases (3,007 cases) presented by women were in favor of feeding children and adolescents.
- Women are the most dedicated to the food process. The percentage is 95.3% (3,347 cases).
- To a large extent, alimony is the only means of economic support that demanding women have to meet the basic needs of their sons and daughters, as 50.6% are dedicated to domestic work, while 16.8% are unemployed. .
- Only 16.3% of the candidates are in paid work.
- Men are the most frequent defendants in the food process (95.3% of the cases), exercising paid activities, mainly in the areas of service provision (39.4%) and transport (13.2%).
It should be noted that only 0.6% of the defendants are dedicated exclusively to domestic work.
More than half of the defendants have a relationship with the
author (51.1%) and about one tenth, a matrimonial (13.5%).
- Finally, in 53.1% of the cases (1,865), the defendant did not intervene in the process, which has a direct effect on the subsequent violation of the sentence.
To start this procedure patience is required for response lapses to the protocol adhering to the law, however, one must not lose strength, as it is the duty of parents and guardians to provide children and adolescents with the necessary resources for quality education, comprehensive health and well-being environment.
We hope that Steps and requirements for Power Demand have clarified the image for you.
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