
Dr. Silvina Arnouil & Associates
LAWYERS
Law Firm in El Palomar
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The right to alimony is the right granted by law to a person, by virtue of which they are empowered to legally claim from another person the property necessary for subsistence, by virtue of blood relationship, marriage, or divorce in certain cases.
In the case of minors, their rights are protected first and foremost. Both parents have an obligation to support their children until they reach 21, when they become adults. This obligation may even continue if the child is incapacitated.
Case of separated parents:
The non-resident parent is always obliged to provide child support, unless he or she is unable to do so due to illness or some other reason.
This right not only includes alimony itself, but also other benefits such as clothing, housing, and education. To exercise this right, you have two options: Reach an out-of-court settlement (approved by the competent judge) with the person providing support (this is generally done through mediation). The other option is to file a claim for alimony before a family court.
In the alimony trial, a provisional quota is set while the trial lasts and the economic level of the father and the needs of the minor must be proven for the judge to set the definitive quota. If the alimony provider, whose quota has been judicially set, fails to comply with his obligation, he may be criminally prosecuted for the crime of failure to comply with the duties of family assistance.
Spouses owe each other maintenance.