As if the trauma of separation was no longer enough, often the end of a relationship still leaves responsibilities to be fulfilled by both parties. This is the case for couples with children or dependents financially.
For the division of financial responsibilities to work without major crises and injustices, there are laws that protect all parties involved. The important thing is to reach agreement so that the standard of living of children is not radically changed at a time that is already psychologically delicate.
Alimony is a judge-defined amount to be paid monthly to a child or former spouse to maintain their expenses not only for food, but also for housing, education, health and leisure.
The pension has two main functions: to cover these expenses and to maintain the standard of living of children, such as avoiding changing schools or interrupting extracurricular activities such as language courses or swimming.
The payment of child support is unrelated to the debtor's relationship with the child or the frequency of visits. Visits can continue normally even if the pension is late.
Who pays?
Many people still think that only the father pays child support. In fact, this is defined by who has custody of the child. If the father is the custodian, the mother will also have to bear the pension responsibilities. In some cases where the debtor cannot pay, the payment liability may be extended to grandparents or close relatives.
The monthly payment is mandatory and in case of refusal, the debtor can be arrested after three months late if he does not prove the payment. The penalty is one to four years imprisonment and fine.
Who gets it?
Payment of child support is compulsory for children under 18 or incapable. This period can be extended to 24 years or the completion of college if he is studying. The right can also be maintained in case of illness or disability of the child.
In some cases, former spouses are also entitled to alimony. Attorney Amanda Prandino explains that "the Superior Courts are currently understanding, as a rule, that in order to verify the alimony obligation between former spouses, it is necessary to prove the financial dependence on the other, life in common with the other, Or is it impossible for one of the spouses to work and earn their own living, whether due to disability, illness or any other factor that convinces the judge in this regard?
In the event of remarriage, the children continue to receive the pension, but the former spouse who receives it will lose their entitlement.
How is the value calculated?
The amount is calculated according to the proof of need of the recipient and the possibilities of the paying party. There is no fixed amount, this will be set by the judge according to the case. The expenses of the dependent and the financial situation of the custodian will be analyzed.
The amount initially set can be reviewed by the judge according to the need of the parties, plus or minus. The need to increase or decrease the income of the debtor must be proven. It is common to review value when there is financial change of the payer such as unemployment or health problems.
Once stipulated, the amount is fixed until further judgment is made and cannot be discounted if the debtor incurs more extra expenses with the child, such as a vacation trip.
The approximate average value is usually 1/3 of the payer's income and may be decreased depending on the financial condition of the child custodian. If the payer has no signed card and cannot prove his winnings, the stipulated amount is usually based on the minimum wage.
The pension can be paid in cash, usually deducted from the worker's paycheck, or through direct payment of bills, such as school fees, as agreed in the process.
What pension is for which expenses?
The name may confuse the purpose of the use of child support. According to lawyer Amanda Prandino, the pension is intended to meet any and all basic needs the pensioner has or will have. In many court settlements, for example, in addition to a certain amount of money, it is agreed that the father will also bear half of the expenses for school materials and uniforms, medicines, health insurance, in short, any other course and / or activity. that the parties agree and can afford?
If you have specific questions, consult a lawyer to clarify your rights regarding your situation.
Permanent Alimony (April 2024)
- Family
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