Parental rights and child support in Mexico are two uncomfortable points of controversy that parents face when they decide to end the marriage. At the same time, divorce causes negative effects on the children who suffer first hand, the change of not having the presence of the parents in the same home, the division of affections and being in the middle of this type of controversy. To minimize the impact of the situation, it is best to be very clear about how these processes are carried out. Child support in Mexico is contemplated in the general and state laws and serves as a reference to determine the amount of these, so in this post you will know the answers to the most frequently asked questions we receive as lawyers, on the subject of child support.
How is the amount of child support determined?
The legal reality is that the amounts and amounts of child support are not stipulated in the existing laws and this is due to the fact that prices vary over time, so there are other criteria to consider to determine the amount needed for child support.
As already mentioned, the general laws (such as the Federal Civil Code) and the State Laws will serve as a source of reference to determine the child support in Mexico, although a National Law is in project that will allow to legislate these processes in family matters that will be born from the prerogative that the legislators in Mexico make for this purpose.
Criteria for alimony in Mexico
When setting alimony for divorce either by agreement between the parties or by a judgment determined by a family judge, two criteria will be taken as a reference that could be seen as two sides of the same coin, these are:
- The need of the maintenance creditor, who is the one who receives the alimony because he is the person who is in charge of the children.
- The capacity of the maintenance debtor, who is the person who must comply with the payment or debt contracted with the creditor, that is to say, the person who must pay the maintenance.
- However, these two criteria must tacitly consider that child support in Mexico will vary over time, precisely due to the effect of inflation and the increase in salaries by presidential decree.
- Accordingly, child support will have an automatic “minimum” increase proportional to the minimum daily wage in effect in the Federal District, unless the obligor, i.e., the person who must pay child support, demonstrates that his or her income did not increase in the same proportion. In this case, the increase in child support will be adjusted to the increase obtained by the debtor.
Answers to the 5 most frequently asked questions about child support in Mexico
1. What must the maintenance creditor prove in addition to the need for child support?
As mentioned above, the maintenance creditor is the person who is in charge of the children, whether it is the ex-spouse, guardian or relative in charge of the children born in the marriage. This person must prove the child support expenses. For this purpose, he/she must keep tickets, invoices and receipts of everything that involves the alimony for children of divorced parents and here we come to a very interesting point as to what is included in the alimony, which we will touch upon in the following question that parents always ask us.
2. What makes up alimony?
Contrary to popular belief, alimony is not only about meals and food nutrients, but everything that helps the growth and formation of the children, among them:
- Food
- Education
- Health (medical care)
- Clothing and footwear
- Housing
- Recreation
- Also, if the former spouse is pregnant at the time of the divorce, the debtor must provide food and everything related to medical consultations and other expenses, in order to successfully carry the pregnancy of the unborn child to term.
We reiterate the importance of keeping and organizing physical supports of all the items that can add up to the usual expenses and thus determine the amount that will be needed for alimony.
3. Are only children of divorced parents eligible for alimony?
No, in fact, if the couple did not get married, but lived together in a common-law relationship, having had children together and then separating, the obligation to provide support and alimony to the children born from this relationship is contemplated.
Even the ex-spouse who during the marriage was in charge of the household or who demonstrates that she has no income to support herself, may request alimony.
4. What happens if the obligor does not comply with the alimony responsibility?
There are many elements that must be considered to determine the reasons why the obligor is not complying with the payment of alimony.
For example, if the obligor does not have the means to do so, the same law will consider the cessation of the obligation.
If the cause is due to the fact that the debtor has disappeared without mentioning this or refuses to cancel the alimony, the obligatory collection of alimony will proceed and the debts incurred by the ex-spouse will be assumed by the former spouse.
5. Can the alimony obligation cease?
Definitely yes, but in order to do so, certain conditions stipulated in Article 320 of the Federal Civil Code must be met, which are explained below:
- When the obligor lacks the means to comply with the alimony;
- When the creditor or children do not need the alimony;
- In case of serious injury, fault or damage between the creditor and the maintenance debtor;
- When the granting of the alimony is the result of fraudulent acts and conduct;
- If the maintenance creditor unjustifiably abandons the home.
There are other causes that are not found in the aforementioned article, although they are valid to cease with the right to child support and these are:
- If the son reaches the age of majority and is not studying.
- If the daughter marries.
In summary, the determination of “how much” is the child support in Mexico will be subject to several elements as we pointed out in the content of this article, which not only depend on the number of children, but also on the conditions of the parents.
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